1. AGREEMENT TO TERMS 2. INTELLECTUAL PROPERTY RIGHTS 3. USER REPRESENTATIONS 4. USER REGISTRATION 5. PROHIBITEDACTIVITIES 6. USER GENERATED CONTRIBUTIONS 7. CONTRIBUTION LICENSE 8. GUIDELINES FOR REVIEWS 9. MOBILE APPLICATION LICENSE 10. SOCIAL MEDIA 11. SUBMISSIONS 12. THIRD-PARTY WEBSITEAND CONTENT 13. SITE MANAGEMENT 14. PRIVACY POLICY 15. DIGITAL MILLENNIUM COPYRIGHT ACT(DMCA)NOTICEAND POLICY 16. TERMAND TERMINATION 17. MODIFICATIONS AND INTERRUPTIONS 18. GOVERNING LAW 19. DISPUTE RESOLUTION 20. CORRECTIONS 21. DISCLAIMER 22. LIMITATIONS OF LIABILITY 23. INDEMNIFICATION 24. USER DATA 25. ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES 26. CALIFORNIA USERS AND RESIDENTS 27. MISCELLANEOUS 28. CONTACT US
1.AGREEMENT TO TERMSThese Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity(youl") and RichDating Inc ("Company," "hwe,""us," or "our"), concerning your access to and use of the https://richdating.org / website as wll as any other media form, media channel, mobile website or mobile application related,linked, or otherwise connected thereto (collectively, the "site").We are registered in California, United States and have ourregistered office at 1111 S Figueroa St, Los Angeles,CA 90015.Our VAT number is GB989956882.You agree that byaccessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.IlF YOU DONOTAGREE WITH ALL OF THESE TERMS OF USE,THEN YOU ARE EXPRESSLYPROHIBITED FROMUSING THE SITEAND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expresslyincorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to theseTerms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms ofUse, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicableTerms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed tohave been made aware of and to have accepted , the changes in any revised Terms of Use by your continued use of the Siteafter the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction orcountry where such distribution or use would be contrary to law or regulation or which would subject us to any registrationrequirement within such jurisdiction or country.Accordingly, those persons who choose to access the Site from otherlocations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent locallaws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act(HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to suchlaws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliey Act(GLBA)The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or registerfor the Site.
2.INTELLECTUAL PROPERTY RIGHTSUnless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software,website designs, audio, video text, photographs, and graphics on the Site (collectively, the "“Content')and the trademarks,service marks, and logos contained therein (the “Marks") are owned or controlled by us or licensed to us, and are protectedby copyright and trademark laws and various other intellectual property rights and unfair compettion laws of the UnitedStates, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "ASIS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site andno Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,translated, ransmitted , distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, withoutour express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to downloador print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3.USER REPRESENTATIONSBy using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current,and complete; (2) you will maintain the accuracy of such information and promptly update such registration information asnecessary;,(3) you have the legal capacity and you agree to comply with these Terms of Use;(4) you are not a minor in thejurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through abot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site wilnot violate any applicable law or regulation.
lf you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend orterminate your account and refuse any and all current or future use of the Site (or any portion thereof)
4.USER REGISTRATIONYou may be required to register with the Ste. You agree to keep your password confidential and will be responsible for alluse of your account and password. We reserve the right to remove, reclaim, or change a username you select if wedetermine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5.PROHIBITED ACTIVITIESYou may not access or use the Site for any purpose other than that for which we make the Site available. The Site may notbe used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
. Systematically retrieve data or other content from the Site to create or compile, directy or indirectly, a collection,compilation, database, or directory without written permission from us. . Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such asuser passwords. .Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent orrestrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content containedtherein. . Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. . Use any information obtained from the Site in order to harass, abuse, or harm another person. . Make improper use of our support services or submit false reports of abuse or misconduct. . Use the Site in a manner inconsistent with any applicable laws or regulations. . Engage in unauthorized framing of or linking to the Site. . Upload or transmit(or attempt to upload or to transmit)viruses, Trojan horses, or other material, including excessiveuse of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features,functions, operation, or maintenance of the Site. . Engage in any automated use of the system, such as using scripts to send comments or messages, or using anydata mining, robots, or similar data gathering and extraction tools. . Delete the copyright or other proprietary rights notice from any Content. . Attempt to impersonate another user or person or use the username of another user. . Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active informationcollection or transmission mechanism, including without limitation, clear graphics interchange formats (gifs"),1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware" or “passive collectionmechanisms" or "pcms"). . Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. . Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. . Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of theSite. . Copy or adapt the Site's software, including but not limited to Flash,PHP,HTML,JavaScript, or other code. . Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the softwarecomprising or in any way making up a part of the Site. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distributeany automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or other software. . Use a buying agent or purchasing agent to make purchases on the Site. . Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronicor other means for the purpose of sending unsolicited email, or creating user accounts by automated means or underfalse pretenses. . Use the site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. . Sell or otherwise transfer your profile.
6.USER GENERATED CONTRIBUTIONSThe Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality,and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcastcontent and materials to us or on the Site, including but not limited to text,writings, video, audio, photographs, graphics,comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may beviewable by other users of the Site and through third-party websites.As such, any Contributions you transmit may betreated as non-confidential and non-proprietary. When you create or make available any Contributions, you therebyrepresent and warrant that: . The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying ofyour Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent.trademark, trade secret, or moral rights of any third party. . You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to useand to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated bythe Site and these Terms of Use. . You have the written consent, release, andlor permission of each and every identifiable individual person in yourContributions to use the name or likeness of each and every such identifiable individual person to enable inclusionand use of your Contributions in any manner contemplated by the Site and these Terms of Use. . Your Contributions are not false, inaccurate, or misleading. . Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chainletters, spam, mass mailings, or other forms of solicitation. . Your Contributions are not obscene, lewd, lascivious, flthy, violent, harassing, libelous, slanderous, or otherwiseobjectionable (as determined by us). . Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. . Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and topromote violence against a specific person or class of people. . Your Contributions do not violate any applicable law, regulation, or rule. . Your Contributions do not violate the privacy or publicity rights of any third party. . Your Contributions do not violate any applicable law concerning child pornography, or othewise intended to protectthe health or well-being of minors. . Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexualpreference, or physical handicap. . Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, orany applicable law or regulation. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things,termination or suspension of your rights to use the Site.
7.CONTRIBUTION LICENSEBy posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your accountfrom the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that youhave the right to grant, to us an unrestricted, unlimited, irevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, rettle, archive,store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part, and distribute suchContributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise,and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicensesof the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of yourname, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos,and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant thatmoral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and anyintellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.You are solely responsible foryour Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain fromany legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,(1) to edit, edact, or othewise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and(3) to pre-screen or delete anyContributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8.GUIDELINES FOR REVIEWSWe may provide you areas on the Site to leave reviews or ratings.When posting a review, you must comply with thefollowing criteria: (1) you should have firsthand experience with the personlentity being reviewed;(2) your reviews shouldnot contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;(4) your reviews should not contain references to ilegal activity, (5) you should not be affiliated with compettors ifposting negative reviews;(6) you should not make any conclusions as to the legality of conduct; (7) you may not post anyfalse or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whetherpositive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or todelete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do notnecessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any reviewor for any claims, liabilities, or losses resulting from any review.By posting a review, you hereby grant to us a perpetual,non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify,translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
9.MOBILE APPLICATION LICENSE Use Licenself you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited rightto install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and usethe mobile application on such devices strictly in accordance with the terms and conditions of this mobile application licensecontained in these Terms of Use. You shall not:(1) except as permitted by applicable law, decompile, reverse engineer,disassemble, attempt to derive the source code of, or decrypt the application;(2) make any modification, adaptation,improvement, enhancement, translation, or derivative work from the application;(3) violate any applicable laws, rules,orregulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice(including any notice of copyright or trademark)posted by us or the licensors of the application; (5) use the application forany revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6)make the application available over a network or other environment permitting access or use by multiple devices or users atthe same time; (7) use the application for creating a product, service, or software that is, directly or indirecty, compettivewith or in any way a substitute for the application; (8) use the application to send automated queries to any website or tosend any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, ordevices for use with the application.
Apple and Android DevicesThe folwing terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an“App Distributor"') to access the sSite:(1) the license granted to you for our mobile application is limited to a non-transferablelicense to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and inaccordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible forproviding any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as othewise required under applicable law,and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and supportservices with respect to the mobile application;(3) in the event of any failure of the mobile application to conform to anyapplicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms andpolicies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted byapplicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S.government embargo, or thathas been designated by the U.S. government as a "terrorist supporting" country and (i) you are not listed on any U.s. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement whenusing the mobile application, e.g . if you have a VolP application, then you must not be in violation of their wireless dataservice agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors arethird-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, andthat each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
10.SOCIAL MEDIAAs part of the functionality of the Site, you may link your account with online accounts you have with third-party serviceproviders (each such account, a "Third-Party Account'") by either: (1) providing your Third-Party Account login informationthrough the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms andconditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to discloseyour Third-Party Account login information to us andor grant us access to your Third-Party Account, without breach by youof any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us topay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-PartyAccount. By granting us access to any Third-Party Accounts, you understand that (1)we may access, make available, andstore (if applicable) any content that you have provided to and stored in your Third-Party Account(the "Social NetworkContent") so thatit is available on and through the Site via your account,including without limitation any friend lists and (2)we may submit to and receive from your Third-Party Account additional information to the extent you are notified when youlink your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to theprivacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to yourThird-Party Accounts may be available on and through your account on the Site.Please note that if a Third-Party Account orassociated service becomes unavailable or our access to such Third Party Account is terminated by the third-party serviceprovider, then Social Network Content may no longer be available on and through the Site. You will have the ability todisable the connection between your account on the Site and your Third-Party Accounts at any time.PLEASE NOTE THATYOUR RELATIONSHIP WITHTHE THIRD-PARTY SERVICE PROVIDERSASSOCIATED WITHYOUR THIRD-PARTYACCOUNTS IS GOVERNED SOLELYBYYOUR AGREEMENT(S)WITH SUCHTHIRD-PARTY SERVICE PROVIDERS.We make no effort to review any Social Network Content for any purpose, including but not limited to , for accuracy, legality,or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we mayaccess your email address book associated with a Third-Party Account and your contacts list stored on your mobile deviceor tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use theSite. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contactinformation below or through your account settings(if applicable). We willattempt to delete any information stored on ourservers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
11.SUBMISSIONSYou acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regardingthe Site("Submissions")provided by you to us are non-confidential and shall become our sole property. We shall ownexclusive rights, including all intellectual property rights, and shall be entitled to the unresticted use and dissemination ofthese Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.Youhereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original withyou or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any allegedor actual infringement or misappropriation of any proprietary right in your Submissions.
12.THIRD-PARTY WEBSITE AND CONTENTThe Site may contain (or you may be sent via the Silte) links to other websites ("Third-Party Websites") as well as articles,photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content oritems belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are notresponsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions , reliability, privacy practices, orother policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting theuse or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereofby us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, youdo so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicableterms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site orrelating to any applications you use or install from the Slte.Any purchases you make through Third-Party Websites will bethrough other websites and from other companies, and we take no responsibility whatsoever in relation to such purchaseswhich are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse theproducts or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.Additionally, you shall hold us harmless from any losses sustained by you or harmcaused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
13.SITE MANAGEMENTWe reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use;(2) take appropriatelegal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation , refuse, restrict access tolimit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4)in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files andcontent that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in amanner designed to protect our rights and property and to facilitate the proper functioning of the Site.
14.PRIVACY POLICYWe care about data privacy and security.By using the Site, you agree to be bound by our Privacy Policy posted on the Site.which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. lf you access theSite from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you aretransfering your data to the United States, and you agree to have your data transferred to and processed in the UnitedStates.
15.DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)NOTICE AND POLICY NotificationsWe respect the intellectual property rights of others. lf you believe that any material available on or through the Site infringesupon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notfication"). A copy of your Notfication will be sent to the person who posted or stored thematerial addressed in the Notfication. Please be advised that pursuant to federal law you may be held liable for damages ifyou make material misrepresentations in a Notfication.Thus, if you are not sure that material located on or linked to by theSite infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA17U.S.C.6 512(c)(3) and include the following information:(1)Aphysical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedlyinfringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multple copyrighted works on theSite are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that isclaimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to bedisabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably suificient topermit us to contact the complaining party, such as an address, telephone number, and, if available, an email address atwhich the complaining party may be contacted;(5) a statement that the complaining party has a good faith belief that use ofthe material in the manner complained of is not authorized by the copyright owner,its agent, or the law; and (6) a statementthat the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized toact on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notificationlf you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentfication,you may submit a written counter notfication to [uslour Designated Copyright Agent] using the contact information providedbelow (a "Counter Notification"). To be an effective Counter Notfication under the DMCA, your Counter Notfication mustinclude substantially the following: (1) identification of the material that has been removed or disabled and the location atwhich the material appeared before it was removed or disabled;(2) a statement that you consent to the jurisdiction of theFederal District Court in which your address is located, or if your address is outside the United States, for any judicial districtin which we are located; (3) a statement that you will accept service of process from the party that filed the Notfication orthe party's agent;(4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have agood faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of thematerial to be removed or disabled; and (6)your physical or electronic signature.
lf you send us a valid,written Counter Notfication meeting the requirements described above, we will restore your removedor disabled material, unless we first receive notice from the party fling the Notfication informing us that such party has fileda court action to restrain you from engaging in infringing activity related to the material in question. Please note that if youmaterially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may beliable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury. Designated Copyright Agent richdatingAttn: Copyright Agent new york new york city, NY_ United States
16.TERM AND TERMINATIONThese Terms of Use shall remain in full force and effect while you use the Site.WITHOUTLIMITINGANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVETHE RIGHTTO, IN OUR SOLE DISCRETION AND WITHOUTNOTICE OR LIABILITY, DENY ACCESS TOAND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IPADDRESSES),TOANY PERSON FORANYREASON OR FOR NO REASON,INCLUDING WITHOUTLIMITATION FORBREACH OF ANY REPRESENTATION,WARRANTY,OR COVENANT CONTAINEDIN THESE TERMS OF USE OR OFANY APPLICABLELAWOR REGULATION.WE MAYTERMINATE YOUR USE OR PARTICIPATION INTHE SITE ORDELETEYOURACCOUNTANDANY CONTENT OR INFORMATIONTHAT YOU POSTEDAT ANY TIME,WITHOUTWARNING,IN OUR SOLE DISCRETION.
lf we terminate or suspend your account for any reason, you are prohibited from registering and creating a new accountunder your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the thirdparty. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.
17.MODIFICATIONS AND INTERRUPTIONSWe reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right tomodify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for anymodification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems orneed to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change,revise,update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. Youagree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or usethe Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us tomaintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
18.GOVERNING LAWThese Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State ofNew York applicable to agreements made and to be entirely performed within the State of New York, without regard to itsconflict of law principles.
19.DISPUTE RESOLUTIONAny legal action of whatever nature brought by either you or us (collectively, the“"Parties" and individually, a "Party') shall becommenced or prosecuted in the state and federal courts located in New York, and the Parties hereby consent to, andwaive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in suchstate and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods andthe Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
20.CORRECTIONSThere may be information on the Site that contains typographical errors,inaccuracies, or omissions, including descriptions,pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions andto change or update the information on the Site at any time, without prior notice.
21. DISCLAIMERTHE SITE IS PROVIDED ONANAS-IS AND AS-AVAILABLE BASIS.YOU AGREE THATYOUR USE OF THE SITEANDOUR SERVICES WILLBEAT YOUR SOLERISK.TO THE FULLESTEXTENT PERMITTED BYLAW,WE DISCLAIMALLWARRANTIES,EXPRESS OR IMPLIED, IN CONNECTIONWITHTHE SITEAND YOUR USE THEREOF, INCLUDING,WITHOUTLIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE,AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THESITE'S CONTENT ORTHE CONTENT OF ANYWEBSITESLINKED TO THESITEAND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FORANY(1)ERRORS,MISTAKES,OR INACCURACIES OF CONTENTAND MATERIALS,(2)PERSONAL INJURYOR PROPERTY DAMAGE,OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TOAND USE OF THE SITE,(3)ANY UNAUTHORIZEDACCESSTO OR USE OF OUR SECURE SERVERS AND/ORANYAND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STOREDTHEREIN, (4)ANYINTERRUPTION OR CESSATION OFTRANSMISSIONTO OR FROM THESITE,(5)ANY BUGS, VIRUSES, TROJAN HORSES,OR THE LIKE WHICHMAY BE TRANSMITTEDTO OR THROUGHTHE SITEBY ANY THIRD PARTY,AND/OR (6)ANYERRORS OR OMISSIONSINANY CONTENT AND MATERIALS ORFORANYLOSS OR DAMAGE OF ANY KIND INCURRED ASARESULT OF THE USE OF ANYCONTENT POSTED,TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SITE.WE DO NOT WARRANT, ENDORSE,GUARANTEE,ORASSUME RESPONSIBILITY FORANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BYATHIRD PARTYTHROUGHTHE SITE,ANY HYPERLINKED WEBSITE, OR ANYWEBSITE OR MOBILE APPLICATION FEATURED INANY BANNER OR OTHER ADVERTISING,AND WE WILLNOT BEAPARTY TO ORIN ANYWAYBE RESPONSIBLEFOR MONITORINGANYTRANSACTION BETWEEN YOU ANDANYTHIRD-PARTY PROVIDERS OF PRODUCTS ORSERVICES.AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM ORINANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENTAND EXERCISE CAUTION WHERE APPROPRIATE.
23. INDEMNIFICATIONYou agree to defend, indemnify, and hold us harmless, including our subsidiaries, a ffiates, and all of our respective officers,agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonableattorneys'fees and expenses, made by any third party due to or arising out of:(1) your Contributions; (2)use of the Site; (3)breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use;(5)your violation of the rights of a third party, including but not limited to intellectual property rights; or (6)any overt harmful acttoward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the rightat your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, andyou agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notfy you ofany such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
24.USER DATAWe will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as wellas data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible forall data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have noliability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising fromany such loss or corruption of such data.
25.ELECTRONIC COMMUNICATIONS,TRANSACTIONS,AND SIGNATURESVitting the Site, sending us emails, and completing online forms constitute electronic communications.You consent toreceive electronic communications, and you agree that all agreements, notices, disclosures, and other communications weprovide to you electronically, via email and on the Site, satisify any legal requirement that such communication be in writing.YOU HEREBY AGREE TOTHE USE OF ELECTRONIC SIGNATURES,CONTRACTS, ORDERS, AND OTHER RECORDS,AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIATHE SITE.You hereby waive any rights or requirements under any statutes,regulations,rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention ofnon-electronic records, or to payments or the granting of credits by any means other than electronic means.
26.CALIFORNIA USERS AND RESIDENTSlf any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division ofConsumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,Sacramento, California 95834 or by telephone at (800)952-5210 or (916)445-1254.
27.MISCELLANEOUSThese Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute theentire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of theseTerms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.We may assign any or all of our rights and obligations to others at any time. We shall not be responsibleor liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. lf any provisionor part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of theprovision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remainingprovisions. There is no joint venture, partnership, employment or agency relationship created between you and us as aresult of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtueof having drafted them.You hereby waive any and all defenses you may have based on the electronic form of these Termsof Use and the lack of signing by the parties hereto to execute these Terms of Use.
28.CONTACT Us
ln order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contactus at: RichDating Inc NEW York City United States support@richdating.org