Last updated on Thursday, February 14th, 2013
The Site is owned by the Site Owner and operated by White Label to deliver a service for adults to meet each other and communicate online (the “Service”), and to offer or provide certain related products and services.
The Site and Service are intended for the personal use of individual members only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not become members and should not use the Site or Service for any purpose. Your registration for use of the Service is personal to you and you cannot transfer or sublicense the right to use the Site or the Service without White Label’s prior written permission.
5. Registration and Subscription
Although you may register as a member of the Service for free, if you wish to communicate with other members and use certain other features of the Service, you must subscribe for the Service and pay the fees that are set out in the price list located within the Site, which price list is incorporated herein by reference. Your agreement to subscribe for any additional features shall be referred to herein as your “Subscription”.
If you decide to use your Facebook account to register with the Service it is your sole responsibility to keep your Facebook account details private at all times. We do not accept any responsibility or liability for issues with Facebook’s service, including any interruptions, faults or misuse or unauthorized use of your Facebook account details or personal data. You may use your Service membership ID and password to log in if Facebook is unavailable.
We may from time to time run special offers or promotions. If you qualify for any special offer or promotion then the value of such special offer or promotion will be deducted from the cost of your Subscription for the initial Subscription period. Offer codes can only be used when paying online with a credit or debit card. When such offer or promotion expires, the standard rate will apply to any subsequent automatic payments. Payments will show as “White Label” on your credit or debit card.
For your convenience, White Label will automatically renew your Subscription when your current term comes to an end. If you wish to cancel your Subscription you can do so at any time. This can be done by logging onto the Site and going to “Contact us” and using the online cancellation facility. White Label will cancel your Subscription within 24 hours of your request.
When your current membership period expires, your membership will automatically be renewed for the same Subscription term that you originally purchased, e.g. every one, three, six or twelve months, and at the same price as the price that you paid for your original Subscription. Renewal costs are fixed at your original Subscription price, meaning that your Subscription fees will not increase for the duration of your Subscription, despite any overall price changes that we may make. You will be billed for your renewal when your current Subscription term expires.
You are responsible for all fees relating to activities conducted using your Login prior to the time that you notify White Label of any unauthorized use of your Login. White Label shall not be liable for any loss or damage arising from your failure to comply with these provisions.
You agree to review White Label’s Dating Safety Tips prior to using the Service and to follow the recommendations set forth therein.
6. Credit Card Chargeback Policy
White Label takes certain measures to protect its business and help the online community, including credit card processors, banks and other institutions, combat fraud, including fraudulent charge reversal requests (chargebacks).
A “chargeback” occurs when a credit card holder disputes a credit card charge with a credit card processor, bank or similar institution. A fraudulent chargeback occurs when the holder attempts to dispute or reverse a charge for services that they have actually purchased.
In the event of any claim that your credit card has been used without your permission or any other fraudulent use of your credit card, White Label will assist the bank and police authorities with any investigations including providing them with all the details used to register associated profiles, card authentication and any communications through or related to the Site either with White Label or other members.
Attempting to dispute or reverse a valid credit card charge is fraudulent and illegal. Any such fraudulent chargebacks may result in legal action toward you, which can lead to prosecution, fines and impairment of your credit rating.
You may terminate your Subscription at any time by requesting a cancellation of the Service through the online cancellation facility on the Site. Please find the cancellation details by clicking on the “Membership Page” under the “Account” link. Cancellation must be made at least 72 hours prior to your renewal date in order to ensure the automated re-billing process is stopped for the renewal term. Any cancellation that is made after such date will cancel the automated re-billing process for future renewal terms, but will not cancel the automated re-billing process for the pending renewal term. You will be responsible for paying membership fees for any renewal term that is not cancelled in accordance with this policy at least 72 hours prior to the renewal date. A request for termination under this clause does not give rise to any refund for any unused amounts of membership fees paid.
Upon expiration, or cancellation or termination by either party, of your Subscription, your Login, and/or your use of the Site or the Service, your right to use the Site and the Service shall immediately cease, you will have no right to any Content you Submitted, and White Label may temporarily or permanently block access to, remove, deactivate, delete, and/or discard all such Content. We accept no liability for removed or deleted Content. You agree that we shall not be liable to you or any third-party for any termination of your access to the Site or the Service.
8. Extras and Credits
The Site offers opportunities to purchase access to various additional services such as personality profile tests and sending virtual gifts (“Extras”). These Extras may be purchased for you or as a gift for another member.
Extras are paid for by a virtual account of credits (“Credits”), linked to your account on the Service. You may elect to purchase additional Credits at any time by using the payment methods included on the Site. You also authorize White Label to process the purchase of up to 3 additional Credits (in addition to the amount necessary to restore any negative balance) each time your balance of Credits is zero or you have a negative balance. White Label shall process such purchases by charging the credit or debit card authorized by you when you subscribed for the Service, or such other credit or debit card provided to White Label by you. You may elect not to authorize such automatic purchases by using the settings on the Site. Once purchased, Credits may only be used for purchasing Extras and are not refundable in any circumstance.
9. Proprietary Rights
By way of example and without limitation, you shall not:
- make any public or commercial use of the Site without White Label’s prior written consent;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection to the Site for profit or gain or to avoid payment (by you or others) without White Label’s prior written permission;
- display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party without White Label’s prior written consent;
modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information.
- process or otherwise use the information contained on or within the Site for any illegal or immoral purpose nor use or process the same unfairly; or
- remove or obscure any copyright notices and other proprietary notices contained on the Site.
You agree not to use the Site for any unlawful or abusive purpose or in any way which interferes with our ability to provide the Site, the Service or any other products or services to our members, or damages our property. You agree that your use of the Site and the Service is subject to all applicable local, state, national and international laws and regulations. You also agree:
- to comply with US law and local laws or rules regarding online conduct and acceptable Content, and regarding the transmission of technical data exported through the Site from the US or the country in which you reside;
- not to host, submit Content to or use the Site or the Service if you are under the age of 18;
- not to commit any acts of infringement on the Site or with respect to content on the Site;
- not to use the Site to engage in commercial activities;
- not to “stalk” or otherwise harass any person;
- not to impersonate any person or entity or include any information in your member profile that is inaccurate or misleading;
- not to interfere with another person’s use and enjoyment of the Site;
- not to use the Site for chain letters, junk mail, spamming, or use of distribution lists;
- not to interfere with or damage the Site or the Service through, including without limitation through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Site; and
- not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites.
Illegal and/or unauthorized uses of the Site, 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 Site, will be investigated, and appropriate legal action will be taken at White Label’s sole discretion, including without limitation, civil, criminal, and injunctive redress.
You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and the Service will cease immediately.
The Site is an entertainment service. Your use of the Site and Service is entirely at your own risk. You should exercise caution in evaluating what you see when involved in internet communication with people who are unknown to you (such as when you are using message services) and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal.
WE DO NOT PERFORM BACKGROUND CHECKS ON OUR MEMBERS. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR MEMBERS. Notwithstanding the foregoing, by registering as a member of the Service, you authorize White Label and/or its agents and representatives to conduct a review of your background at any time and from time to time, and understand that the scope of the review may include, but is not limited to civil and criminal history records from any criminal justice agency in any or all federal, state, county jurisdictions and review of any other public records (such as sex offender registry searches).
By using the Site or Service you accept that any member profiles, messages and communication may not be genuine and you agree to take reasonable precautions in all interactions with other members or users of the Site or Service, particularly if you decide to meet offline or in person. You are solely responsible for your interactions with other members or users of the Site or the Service. You should not provide your personal or financial information (for example, your credit card, social security number or bank account information) to other members or users of the Site.
12. Site Content
In utilizing the Site and/or the Service, you may be permitted to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site (collectively, “Submit”), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, “Content”). You agree not to Submit any Content that:
- contains vulgar, profane, abusive, or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- except to the extent that such Content is expressly permitted on the Site, contains sexually explicit language, pictures or other materials;
- is defamatory, threatening, harassing, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; hatred or physical harm of any kind against any group or individual, such as Content that promotes racism, bigotry, obscenity, or discrimination;
- advertises, promotes or offers to trade any goods or services or engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content, or otherwise infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- constitutes, promotes or encourages illegal acts (including without limitation prostitution or solicitation), the violation of any right of any individual or entity, or the violation of any local, state, national or international law, rule, guideline or regulation;
- reveals the identity or any personal details of any person other than yourself including, without limitation, any other member without that person’s permission;
- contains any identifiable personal contact information (other than for purposes of registering for the Service);
- expresses or implies that any statements you make are made or endorsed by us;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits or provides personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personally identifying information for commercial or unlawful purposes from other users; or
You are solely responsible for the Content that you Submit to the Site or transmit to other members. We will not be responsible, or liable to any third party, for the content, accuracy or legality of any Content posted on the Site. White Label reserves the right to disclose your identity to any third party who claims that any Content posted by you on the Site constitutes a violation of their Intellectual Property Rights, their right to privacy, or any other rights.
By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, disclose and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing for all purposes connected to operating and promoting the Site and the Service.
You may not include in your member profile (or transmit in any non-paying membership) any personal contact information, such as telephone numbers, street addresses, last names, URLs or email addresses.
You should also be aware that, pursuant to federal law, any visual depictions that you post on the Site that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. 2256 (2)(A)(i)-(v) and 18 U.S.C. 2257A, require that you maintain the records required by 18 U.S.C. 2257 and must contain an “18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.” Your failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257.
If you are registering for a casual themed site, by agreeing to these terms and conditions you are aware that you are registering on an adult site that contains explicit images. These sexual images and other content may also be sent to you via email as part of your service.
13. Associate Websites
The Service is offered through and accessible through a number of other websites in addition to the Site. By registering with the Site you acknowledge and accept that all Content that you post to the Site may be searchable and available to users of the Service who access the Service via websites other than the Site. You further acknowledge and accept that other members of the Service that you may view and communicate with via the Service may have registered with and accessed the Service through websites other than the Site.
White Label applies various classifications to the websites that provide access to the Service. By registering with the Site you acknowledge and accept that White Label may apply certain classifications to your profile due to your accessing the Service via the Site or other websites, and may use such classifications to restrict:
- the availability of communication between yourself and other members of the Service;
- the availability of the details of other members of the Service to yourself; and
- the availability of your details to other members of the Service.
14. Links; Advertisers.
The websites linked to the Site are not necessarily under the control of White Label and White Label is not responsible for the content of any linked site or any link contained in a non-affiliated link. White Label reserves the right to terminate any link or linking program at any time. White Label has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and White Label shall not be responsible for notification of any change in name or location of any information on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. YOU AGREE THAT IN NO EVENT SHALL WE BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF OR IN CONNECTION WITH ANY DEALINGS WITH SUCH ADVERTISERS.
15. Our Responsibilities
We will operate the Site with the reasonable skill and care of an online service provider.
We will use commercially reasonable efforts to maintain the operation of the Site, however, we may need to temporarily suspend operation of the Site or the Service from time to time for operational reasons (e.g. for repairs, planned maintenance or upgrades). We shall use commercially reasonable efforts to restore the operation of the Site and the Service as soon as reasonably possible after any suspension.
We reserve the right to make changes to the Site and/or the Service from time to time.
16. Disclaimers of Warranties
We do not make any representation, warranty or guarantee regarding the accuracy of any Content appearing on or transmitted via the Site, the Service, or the products and services listed by others on or through the Site and/or the Service. We advise you to verify all such information and offerings independently. We make no representation or warranty as to the quality, reliability or authenticity of any service provider or any third party appearing on or through the Site or Service, and are not responsible or liable for any acts or omissions committed by such third parties.
17. Limitations of Liability
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
NEITHER WHITE LABEL, THE SITE OWNER, NOR ANY AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, ATTORNEYS OR OTHER REPRESENTATIVES OR ASSOCIATES OF THE FOREGOING SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY, INCLUDING WITHOUT LIMITATION BODILY INJURY, DEATH OR EMOTIONAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, ITS CONTENT, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS, THE CONDUCT OF ANY MEMBER OR ANY INTERACTIONS BETWEEN MEMBERS OR USERS OF THE SITE (WHETHER OFFLINE OR ONLINE), OR WITH ANY DELAY OR INABILITY TO USE THE SITE OR SERVICE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT YOU KNOW, SUSPECT, HAVE BEEN ADVISED, OR HAVE NOTIFIED US OF THE POSSIBILITY OF ANY SUCH DAMAGES
TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WHITE LABEL, THE SITE OWNER, OR ANY AGENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR OTHER REPRESENTATIVES OF THE FOREGOING BE LIABLE FOR: (A) ANY LOSSES OR DAMAGES IN EXCESS OF THE GREATER OF (I) THE AMOUNT OF SUBSCRIPTION OR OTHER FEES ACTUALLY PAID BY YOU WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR (II) THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
18. Modifications and Amendments
19. Member Disputes
You agree that you shall be solely responsible for, and we shall have no responsibility with respect to, any and all interactions that you may have with other members or any other users of the Site. White Label reserves the right, but has no obligation, to monitor disputes between you and other members.
In the event that you have any claim or action against any other member or other user of the Site arising from that member’s or user’s use of the Site or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from any and all claims, liability and damages, arising from or in any way connected to the claim or action.
You also agree to cooperate as fully as reasonably required in the defense of any claim under this section and allow us to assume the exclusive defense and control of such matter at our discretion.
21. Jurisdiction, Applicable Law, and Limitations
There shall be no right or authority for any dispute to be litigated on a class action or consolidated basis or on bases involving disputes brought in a purported representative capacity on behalf of the general public (such as a private attorney general) or other similarly situated persons unless the statute under which you are suing provides otherwise. All parties waive any claim to indirect, consequential, punitive, exemplary or multiplied damages arising out of any dispute with us unless the statute under which they are suing provides otherwise.
22. Copyright Complaints
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that any Content or other material hosted by the Site infringes your copyright, you (or your agent) may send White Label a notice requesting that such Content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow White Label to locate the Content or other material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send White Label a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to White Label at 425 Boylston Street, Third Floor, Boston, MA 02116. We reserve the right to terminate the account or Subscription of any member who we believe has infringed the rights of others under United States copyright law.
Please note that you may be liable for damages (including attorney’s fees and other costs) if you misrepresent a claim that content is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any such claim. Please note that a copy of each legal notice and claim (with your personal information) could be sent to a third party for publication and annotation. This contact information is only for reporting copyright infringement.
It is hereby asserted that the Site and the Service are intended for and directed at the United States and no representation or warranty is made as to whether the Site or the Service complies with the regulatory regime and local laws of any other countries.
24. Contact Information
The Site and the Service are operated by White Label Dating Incorporated, a corporation organized under the laws of the State of Delaware, whose registered office is 425 Boylston Street, Third Floor, Boston, MA 02116. Communications relating to the Site or Service should be sent to firstname.lastname@example.org.