TERMS AND CONDITIONS
This Website Usage Agreement ("Agreement") is between you ("User") and TSDMedia OÜ., ("Company" or “TSDM”). In consideration of the right to access and use the Company's Websites (“Service”), http://www.ts-dating.com, ("Website"), User agrees to the terms and conditions of use set forth in this Agreement. User's continued use of the Website indicates User's willingness to be legally bound by the terms and conditions of this Agreement as set forth below.
1. Covenant to Read Agreement.
User acknowledges that User has read the terms and conditions of use and accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR SUBSCRIBING TO THE WEBSITE. If User does not agree to these terms and conditions of use, User may not access or otherwise use the Website.
(a) You must be eighteen or over to register as a member of Website or Company and the viewing of Website's or Company's content is legal in your community. Membership in the Service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18-years old - who are interested in and wish to have access to visual images, verbal and written descriptions and audio sounds of a sexually oriented, and frankly erotic nature. The materials, which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18-years old or who is offended by such materials or who does not wish to be exposed to such materials.
(b) User will have certified that the pictures submitted are of individuals 18 years of age or older and all primary producers have certified that they have complied with 28 C.F.R. 75 thereby exempting Company from the record keeping requirements of 18 U.S.C. 2257(a)--(c). Company is not the primary or secondary producer (as defined in 18 USC section 2257 or subsequent case law) of any of the visual content contained in the Website.
(c) in case the company is deemed to be the secondary producer pursuant to 18 USC 2257 and 28 CFR 75.1 et al., the User hereby agrees to be the third-party custodian of record for all photographic or video-graphic files uploaded to the Website by the User and shall upon demand immediately provide all of the necessary identification documents and agreements requested by Company. Failure to do so can be considered a criminal violation of United States law, subjecting the User to criminal prosecution, and if convicted, imprisonment. Further, the Company shall immediately terminate User’s account, without refund or offset.
2. Company's Control Over Website
(b) Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
(c) Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request.
(d) The posting of content, profiles or other information (collectively, the "User Information") on the Website is subject to the prior approval of Company. Company has the right, in its sole discretion, to use and post User's name in connection with any User Information submitted by User. Company reserves the right, in its sole discretion, to edit, refuse to post, or to remove any information or materials, for any reason, including, but not limited to the User Information.
(e) Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website. Amendments to the Agreement will take effect immediately upon being posted to the Website, and User's continued use of the Website constitutes User's acceptance thereof.
(f) Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, database, hours of availability, and equipment needed for access or use.
(g) Company may also impose limits on certain features and services or restrict User's access to parts or the entire Website without notice or liability.
3. Intellectual Property Rights
(a) The Website is protected by copyright under United States copyright laws, international conventions, and other copyright laws. The Company's logo, slogans, and other distinctive designs are protected by the state, national, and international laws of trademark, trade dress, and unfair competition.
(b) All materials contained within the Website (the "Content") are protected by copyright and are owned or controlled by Company or the party credited as the provider thereof. User will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website. User will have certified that the pictures submitted are of individuals 18 years of age or older and all primary producers have certified that they have complied with 28 C.F.R. 75 thereby exempting Company from the record keeping requirements of 18 U.S.C. 2257(a)--(c). Company is not the primary or secondary producer (as defined in 18 USC section 2257 or subsequent case law) of any of the visual content contained in the Website.
(c) User MAY NOT download and make copies of the Content and other downloadable items displayed on the Website for personal, noncommercial use. Copying or storing of any Content for other than User's personal, noncommercial use is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the individual Content's copyright notice.
(d) By posting messages and User Information, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Website, User hereby grants to Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, prepare derivative works based on, and otherwise exploit such Communications, subject to Section 4, Privacy, in all manners and in all media now known or hereafter developed.
(e) User hereby waives all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
5. User's Covenants.
User represents warrants and covenants:
(a) That User shall not upload post or transmit to or distribute or otherwise publish through the Website any materials which:
(i) Restrict or inhibit any other user from using and enjoying the Website,
(ii) Are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
(iii) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law,
(iv) violate, plagiarize, or infringe the rights of third parties, including, but not strictly limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights,
(v) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information,
(vi) Contain any information, software or other material of a commercial nature,
(vii) Contain advertising of any kind, or
(viii) Constitute or contain false or misleading indications of origin or statements.
(b) User further promises not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. User may not take any action which imposes an unreasonable or disproportionately large load on the Website's infrastructure (e.g., the sending of mass e-mail or junk mail, known as "Spamming"). User may not disclose to or share User's account number or password with any third parties or use the password for any unauthorized purposes. User shall not link to the Website in any manner that would bypass the Website's home page. User shall not "frame" the Website or any portion thereof.
6. User's Acknowledgments
(b) User acknowledges that transmissions to and from this Website are not confidential and that User's Communications may be read or intercepted by others.
(c) User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or other material contained in the Website or any of its links shall be at User's own risk.
(d) User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the result of the purchase of products/services from within it.
(e) User acknowledges and waives any and all rights of privacy, rights of publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any of your User Content Posted to the Service, during the term of this Subscription Agreement. You expressly release TSDM and all of TSDM’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, right to publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content as authorized in this Subscription Agreement.
(f) Company may require you to provide sufficient evidence of having all necessary rights, licenses, authorizations, permissions, and clearances for any of your User Content that you Post to the Service, and if you fail to provide such evidence within a reasonable period of time (as determined by TSDM in its sole discretion), then TSDM may remove some or all of your User Content from the Service and/or terminate your account, without any liability to you. You are solely responsible for keeping copies of such evidence.
(a) The Website contains links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from the Website to other third-party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.
(b) The Company does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website.
(c) Company is not an author or editor of materials posted to the Website by users, and Company is not responsible for any such materials posted thereby.
(d) Company disclaims any and all responsibility for content contained in any third party materials provided through links on the Website.
(e) Company's sole responsibility and liability for goods and services offered through the Website, whether offered by the Company or third parties, is to refund the purchase price.
(f) Company may at its sole discretion and from time to time change, add or remove features and functionality of the Service without any notice to you. TSDM reserves the right to discontinue some or all of the features of the Service at any time at its sole discretion. You acknowledge and agree that TSDM will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service as described herein. Notwithstanding anything in this Subscription Agreement to the contrary, if you have signed up for a Subscription and TSDM cancels your Subscription without cause, then TSDM will offer you the pro-rated, unearned portion of any amounts that you have prepaid to TSDM for such Subscription.
(g) the Website is owned and operated by TSDM, and TSDM reserves the right to revise this Subscription Agreement in an immaterial manner its sole discretion at any time and without prior notice to you other than by posting the revised Subscription Agreement on the Service. Unless otherwise stated in the Service, revisions to this Subscription Agreement are effective upon posting and your continued use of the Service after a revised version of this Subscription Agreement has been posted by TSDM to the Service constitutes your binding acceptance of such revised Subscription Agreement. This Subscription Agreement will be identified as of the most recent date of revision. Notwithstanding the preceding sentences of this Section 2D, no revisions to this Subscription Agreement will apply to any dispute between you and TSDM that arose prior to the effective date of such revision.
8. You may access the public-facing portions of the Service as a Visitor.
(a) You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms and to update the information about yourself promptly, and as necessary, to keep it current and accurate.
(b) You may sign up for either a monthly, every three months, every 6 months or annual paid Subscription to the Service at any time. You will be required to register an account with TDSM and you will gain full access to Content made available through the Service as long as you maintain an active Subscription. Please refer to Section 9 below for additional information about Subscription plans, payment, and cancellation.
(c) The Website is not intended for children and you agree that you are over the age of 18 years and that you will not use, display, show or otherwise use the Service in the presence of children. TSDM does not seek to gather information from or about children under the age of 18 through the Service. The Service is not intended for children under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. You must be at least the age of majority in your jurisdiction to use the Service. By using the Service, you affirm that you are (a) either above the age of majority in your jurisdiction; and (b) are fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Subscription Agreement.
9.REFUND POLICYWebsite subscriber who has purchased a Premium membership, TOP Ad, or Banner Advertising is in a subject for a full refund if:
(a) TSDM has not activated subscribers Premium Membership,TOP Ad or Banner Advertsing withing 24 hours of payment date.
(a) If the Website is offline significant portion of Premium Membership, Top Ad or Banner Advertising period and TSDM and subscriber have failed to reach an agreement about compensation on this matter.
This Subscription Agreement is effective until terminated by you or TSDM as described in this Section.
(a) Your rights under this Subscription Agreement will terminate automatically without notice from TSDM if you fail to comply with any term(s) of this Subscription Agreement (including by violating any license restriction provided herein or for failure to pay the Subscription Fee).
(b) You may terminate your account, this Subscription Agreement, and your right to use the Service, at any time and for any reason or no reason, by contacting Customer Support at [email protected]
(c) Notwithstanding anything to the contrary in this Subscription Agreement, TSDM has the right to immediately disable, suspend, or terminate your account at any time for any reason or no reason, with or without notice to you. All of your User Content on the Service (if any) may be permanently deleted by TSDM at any time and for any reason in TSDM’s sole discretion, with or without notice to you. In addition, TSDM may notify authorities or take any actions it deems appropriate, without notice to you, if TSDM suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (a) failed to comply with any provision of this Subscription Agreement or any policies or rules established by TSDM through any of the foregoing; or (b) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, TSDM, the Service, other Users or any other third parties.
(d) After any termination of this Subscription Agreement, you understand and acknowledge that (a) TSDM will have no further obligation to provide the Service or Content to you; and (b) all licenses and other rights granted to you in this Subscription Agreement will immediately cease. TSDM is not liable to you or any third party for termination of the Service or termination of your use of the Service. Upon any termination or suspension, you may no longer access any information that you have Posted to the Service or that is related to your account. Furthermore, TSDM will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. You acknowledge and agree that TSDM will not be required to delete any of your User Content that may be stored on any servers or other back up media owned or controlled by or on behalf of TSDM following the termination of your account.
11. Disclaimer of Warranty
THE WEBSITE CONTAINS LINKS AND POINTERS TO OTHER WORLD WIDE WEB INTERNET SITES, RESOURCES AND SPONSORS OF THE WEB SITE. LINKS TO AND FROM THE WEBSITE TO OTHER THIRD PARTY SITES, MAINTAINED BY THIRD PARTIES, DO NOT CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OF ANY THIRD PARTY RESOURCES, OR THEIR CONTENTS.
To the extent permitted by applicable law, you agree to indemnify and hold harmless, and upon Company's request, defend, Company, its directors, officers, employees, independent contractors and agents (each a "Company Indemnified Party") from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys fees and court costs (collectively, "Losses"), incurred by a Company Indemnified Party and arising from or related to any of the following: (i) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement; (ii) any claims that you have violated or infringed any third party intellectual property or proprietary rights including but not limited to any metadata, related trademarks and logos, or images and other materials that You provide to Company under this Agreement; or (iii) Your use of the Company's Software or services.
13. Dispute Resolution and Choice of Law.
This Agreement shall be governed by the procedural and substantive laws of Estonia, notwithstanding any otherwise applicable choice or conflict of law provisions to the contrary. In the event that the parties cannot negotiate a resolution of any dispute, then the parties agree to submit their dispute to mediation, and then to arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of any mediation or arbitration shall be in Estonia. The prevailing party in any arbitration shall be entitled to reasonable attorneys’ fees and expenses.
14. Equitable Relief.
Notwithstanding the foregoing, User acknowledges that the performance of its obligations hereunder and the rights and licenses assigned to Company hereunder may be of a unique, unusual, extraordinary and intellectual character which could give them a special value, the loss of which may not be reasonably or adequately compensated in damages in an action at law, that a breach by User of this Agreement may cause Company great and irreparable injury and damage and, therefore, while expressly reserving all of Company's rights and remedies hereunder, Company will be entitled to seek injunctive relief to prevent such injury or damage.
This Agreement shall not be terminated by the merger or consolidation of Company into or with any other entity.
Other than as may be required by law, or governmental authority, the parties agree that neither of them shall publicly divulge or announce, or in any manner disclose to any third party any of the specific terms and conditions of this Agreement and the parties further warrant and agree that none of their officers and directors will do so as well.
Neither party shall assign their rights or delegate their duties hereunder without written consent of the other party. No amendment change or modification of this Agreement shall be valid unless in writing signed by the parties hereto
Paragraph headings, as used in this Agreement, are for convenience only and are not a part hereof and shall not be used to interpret any provision of this Agreement.
Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
20. Entire Understanding.
This document constitutes the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
21. Unenforceability of Provisions.
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the mail addressed to the party to whom such notice, demand or other communication is to be given. Notices to Company shall be sent to:
Estonia Office: TSDMedia OÜ
Louna tee 2, Maepea, Kuusalu vald, Harju maakond, 74638 Estonia
Any party hereto may change its address for purposes of this Paragraph by written notice given in the manner provided herein.
This Agreement may be executed shall be as valid and enforceable under the Uniform Electronic Transactions Act as well as US ESign Act of 2000 as the original signature.
24. Your access to this Website and access to and use of the Service is governed by and conditioned on your express consent to this Subscription Agreement.
You have thoroughly reviewed this Subscription Agreement to your satisfaction. By clicking on the “JOIN NOW” OR "Sign Up!" button, you agree to be bound by this Subscription Agreement, just as if you had signed it in pen and ink.