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TheDatingChannel.com
service (“TheDatingChannel.com” or the “Service”)
is a way for persons over the age of 16
years, to meet each other online. TheDatingChannel.com
is provided by ‘The Dating Channel’, P.O
Box 18371, London, EC1V 2RP, the trading
name of Euro Digital Corporation, company
reg. 40007096.
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(a) This is a
legally binding agreement (the “Agreement”)
between you and The Dating Channel Limited.
(b) Please read
this Agreement carefully before registering
for TheDatingChannel.com service. By registering
for TheDatingChannel.com you become a member
of the Service (a “Member” or “user”), and
you agree to be bound by the terms and conditions
of this Agreement (“the Terms”) for as long
as you continue to be a Member. If you do
not agree to the Terms, please do not register
for TheDatingChannel.com service. By registering
as a Member you are agreeing that you have
read and understand all the Terms of this
Agreement. The Terms are subject to change
by The Dating Channel at any stage, effective
upon notice to you. The Dating Channel reserves
the right to do this at any time. Your continued
use of the Service following the posting
of notice of any change in the Terms of
this Agreement shall constitute a legally
binding acceptance by you of such changes
so everytime you log on to the Service you
ratify your agreement with the Terms of
the Agreement and any modifications The
Dating Channel provides to you.
(c) Either you
or The Dating Channel may terminate your
membership at any time, for any or no reason,
effective upon sending written notice to
the other party. The Dating Channel reserves
the right (without prejudice to its other
rights and remedies) to immediately suspend
or terminate your access to the Service,
without notice, upon any breach of this
Agreement by you which is brought to The
Dating Channel’s attention or for any other
or no reason.
(d) Your membership
of the Service is for your sole, personal
use. You may not authorize others to use
your membership, and you may not assign
part with or otherwise transfer your account
to any other person or entity.
(e) The Dating
Channel has the right to refuse registration
of any applicant for membership to The Dating
Channel services and you shall not be entitled
to any compensation as a result of any such
refusal.
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The Service
is strictly adults only. You must be at
least 16 years old to register as a Member.
Anybody who is under 16 may not become a
Member. When you register, and from time
to time thereafter, The Dating Channel will
require that you provide sufficient information
confirming that you are at least 16 years
old. By becoming a Member, you represent
and warrant that you are at least 16 years
of age.
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You agree to
pay prices for services in relation to the
Dating Channel as stated by TheDatingChannel.com
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As
a Member, you agree that:
(a) You are solely
responsible for the content or information
you publish or display (hereinafter, “post”)
on the Service, or transmit to other Members
and for the accuracy thereof and for your
interactions with other Members. The Dating
Channel does not assume any responsibility
for your publication of any personal information
via Service, nor the use of that information
(including pictures and photographs) by
other Members or unauthorised parties who
access that information. It is therefore
advised that you select carefully the type
of personal information and photographs
that you provide to other Members.
(b) You will
not post on the Service, or transmit via
the Service or send, access, download, copy,
display or otherwise disseminate to other
Members or other persons, any defamatory,
disparaging, inaccurate, false, abusive,
obscene, vulgar, objectionable, profane,
sexually oriented, threatening, harassing,
racially or ethnically offensive, libellous,
pornographic, illegal, offensive with reference
to a person’s age, sex, sexual orientation,
religious beliefs, nationality or disability,
messages or 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) or any material or messages which
breach, infringe, violate and/or is contrary
to any law by-law statute and or regulation.
(c) You will
use the Service in a manner consistent with
any and all applicable laws and regulations.
(d) You will
not include in your profile any telephone
numbers, street addresses, last names, URL’s,
E-mail addresses, offensive anatomical or
sexual references, or offensive suggestive
or connotative language, and you will not
post any photos containing nudity or sexually
suggestive poses or personal information.
The Dating Channel reserves the right, but
has no obligation, to reject any profile
or photo that does not comply with these
prohibitions.
(e) You will
not engage in promoting to or advertising
to, or solicitation of, other Members or
businesses or other sites to buy or sell
any products or services through the Service
and you will not buy or sell products and
or use services through the Service or use
the Service for any commercial purpose.
(f) You will
not transmit any chain letters or junk E-mail
to other Members.
(g) You will
not post, distribute or reproduce in any
way any copyrighted material, trademarks,
or other proprietary information without
obtaining the prior consent of the owner
of such proprietary rights.
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(a) It is possible
that other Members or users (including unauthorised
users, or “hackers”) may post or transmit
offensive or obscene materials on the Service
and that you may be involuntarily exposed
to such offensive or obscene materials.
(b) It also is
possible for others to obtain personal information
about you due to your use of the Service,
and that the recipient may use such information
to harass or injure you. TheDatingChannel
is not responsible for the use of any personal
information that you may choose to disclose
on the Service.
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(a) Opinions,
advice, statements, offer, or other information
or content made available through the Service
are those of their respective authors and
not of TheDatingChannel, and should not
necessarily be relied upon. Such authors
are solely responsible for such content.
(b) TheDatingChannel.
does not guarantee the accuracy, completeness,
or usefulness of any information on the
Service and neither adopts nor endorses
nor is responsible for the accuracy or reliability
of any opinion, advice, or statement made.
Under no circumstances will TheDatingChannel
be responsible for any loss or damage resulting
from anyone’s reliance on information or
other content posted on the Service, or
transmitted to Members.
(c) TheDatingChannel
does not guarantee the Service will meet
Members’ requirements, purposes and or expectations.
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(a) TheDatingChannel
reserves the right, but has no obligation,
to monitor the materials posted in the public
areas of the Service and reserves the right,
but has no obligation, to monitor disputes
between Members. TheDatingChannel shall
have the right (without first notifying
you) to remove any such material posted
for any reason including if it violates,
or is alleged to violate, the law or this
Agreement. Notwithstanding this right of
TheDatingChannel, TheDatingChannel does
not necessarily review or screen messages
on the Service prior to posting and each
Member remains solely responsible for and
is deemed the publisher of the content of
the materials posted in the public areas
of the Service and that Member’s private
e-mail messages. Nothing contained in this
Agreement shall be construed to actively
require TheDatingChannel to screen or censor
the content of any information posted by
Members on the Service.
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(a) TheDatingChannel
provides the Service on an “as is” basis
and grants no warranties of any kind, express,
implied, statutory, in any communication
with TheDatingChannel or its representatives,
or otherwise with respect to the Service.
TheDatingChannel specifically disclaims
any implied warranties of merchantability,
fitness for a particular purpose, or non-infringement.
(b) TheDatingChannel
does not warrant that your use of the Service
will be secure, uninterrupted, always available,
or error-free, or will meet your requirements
or provide the results which you want, or
that any defects in the Service will be
corrected.
(c) TheDatingChannel
disclaims liability for, and no warranty
is made with respect to, telephone service,
including coverage, range or any interruption
in telephone service.
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(a) In
no event will TheDatingChannel be liable
to you for any incidental, consequential,
or indirect damages or costs including,
but not limited to, damages for loss of
data, loss of programs, cost of procurement
of substitute services or service interruptions,
loss of profits or damage to goodwill arising
out of the use of or inability to use the
Service, even if TheDatingChannel or its
agents or representatives know or have been
advised of the possibility of such damages.
(b) In no event
will TheDatingChannel be liable to any person
other than you and shall have no liability
for any defect in the Service caused or
contributed to by you.
(c) In no event
will TheDatingChannel be liable to you for
the actions of any Member including the
posting of any personal information on the
Service or any subsequent correspondence
or in-person meetings with other Members.
(d) In no event
shall TheDatingChannel be liable for the
use by Members or users (including unauthorized
users) of personal information which you
choose to disclose on the Service.
(e) You shall
give TheDatingChannel a reasonable opportunity
to remedy any matter for which TheDatingChannel
is liable before you incur any costs and/or
expenses in remedying the matter yourself.
(f) TheDatingChannel
shall have no liability to you to the extent
that you are covered by any policy of insurance
and you shall ensure that your insurers
waive any and all rights of subrogation
they may have against heDatingChannel.
(g) TheDatingChannel
disclaims all liability, regardless of the
form of action, for the acts or omissions
of other Members or users (including unauthorised
users, or “hackers”) of the Service including
the posting by such Members or users of
offensive or obscene materials and your
involuntary exposure to such materials.
(h) TheDatingChannel
shall have no liability to you for any delay
in performance of the Service and/or any
other matters to the extent that such events
and/or matters are due to any events outside
TheDatingChannel’s reasonable control including
but not limited to acts of God, war, flood,
fire, labour disputes, strikes, lock outs,
riots, civil commotion, malicious damages,
explosion, governmental actions and any
other similar events.
(i) Notwithstanding
anything to the contrary contained herein,
TheDatingChannel’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 TheDatingChannel for the Service
during the term of membership.
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(a) TheDatingChannel
will use reasonable endeavours to keep confidential
all personal information supplied by you
to TheDatingChannel, including credit card
number(s), and shall use or disclose such
information only for the purposes for which
such information was collected or provided,
or as required by law or if such information
is public knowledge.
(b) E-mails sent
between you and other Members that are not
readily accessible to the general public
will be treated as private by TheDatingChannel
to the extent reasonably possible and to
the extent required by applicable law.
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You agree to
, indemnify, keep indemnified, and hold
harmless TheDatingChannel, its officers,
directors, employees, agents, licensees,
assignees and third parties, for any and
all losses, costs, claims, liabilities and
expenses (including legal fees on an indemnity
basis) relating to or arising out of your
use of the Service, including any breach
by you of the Terms of this Agreement or
any tortious act and/or omission and or
any breach of any statutory duty by you.
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(a) TheDatingChannel
owns and retains all intellectual property
and proprietary rights in the Service wherever
existing in the world with the right to
apply for protection of the same. The Service
contains the copyrighted material, trademarks,
and other proprietary information of TheDatingChannel
and its licensors (“Proprietary Service
Information”). In addition, other Members
may post copyrighted information, which
has copyright protection whether or not
it is identified as copyrighted (“Other
Proprietary Information”). Except for that
information which is in the public domain
or for which you have been given permission
to do the following (or and if you are required
to by law), you will not copy, modify, publish,
transmit, distribute, perform, display,
or sell any such Proprietary Service Information
and/or Other Proprietary Information and
you agree that you will keep confidential
and not use, except for the purposes contemplated
by this Agreement, any and all such Information
relating to the Service which may be disclosed
to you or which you may learn.
(b) By posting
information, a photograph or content to
any public areas of the Service, you automatically
grant and you represent and warrant that
you have the right to grant, to TheDatingChannel
and other Members an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license
to use, copy, perform, display 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 authorise sublicenses of
the foregoing.
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To resolve a
complaint regarding the Service, you should
first contact TheDatingChannel.com Customer
Support on our contact us page.
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(a) This Agreement
shall be governed by English Law. You agree
that English Law (regardless of conflicts
of law principles) shall govern this Agreement,
and that any dispute arising out of or relating
to this Agreement shall be subject to the
courts of England and Wales and shall be
treated as if the Agreement was a contract
wholly entered into and wholly performed
in England.
(b) This Agreement,
accepted upon registering for the Service,
contains the entire agreement between you
and TheDatingChannel regarding the use of
the Service and you acknowledge that you
do not rely on any representation and/or
warranty that has not been made in this
Agreement.
(c) This Agreement
may only be amended upon notice by TheDatingChannel
to you, or in writing signed by you and
an authorised official of TheDatingChannel.
(d) Unless otherwise
explicitly stated, the Terms will survive
termination of your membership of the Service.
(e) If any provision
of this Agreement is held invalid, the remainder
of this Agreement shall continue in full
force and effect.
(f) No waiver
by TheDatingChannel of any breach of this
Agreement shall be considered a waiver of
any subsequent breach of the same provision
or of any other provision.
(g) Certain jurisdictions
limit the applicability of warranty disclaimers
and limitations of liability so the above
disclaimer of warranty and limitations of
liability may not apply to you.
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TheDatingChannel
shall be entitled to terminate the privileges
of any user who uses the Service to unlawfully
transmit copyrighted material without a
licence, express consent, valid defence
or fair use exemption to do so. In particular,
users who submit user content to the absolutematch.com
site, whether articles, images, stories,
software or other copyrightable material
must ensure that the content they upload
does not infringe the copyrights nor other
rights of third parties (such as privacy
or publicity rights). After proper notification
by the copyright holder or its agent to
TheDatingChannel, and confirmation through
court order or admission by the user that
they have used the absolutematch.com site
as an instrument of unlawful infringement,
AbsoluteMatch Ltd will terminate the infringing
users’ rights to use and/or access the absolutematch.com
site. ThedatingChannel may also in its sole
discretion decide to terminate a user’s
right to use or to access the absolutematch.com
site prior to that time if TheDatingChannel
has a (good faith) belief that the alleged
infringement has occurred. If you believe
that your copyright has been infringed through
the use of this Site please write to us
at: The Dating Channel, PO Box 18371, London,
EC1V 2RP, England.
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