1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
Datebookie holds the right, at our discretion, to change, modify or otherwise alter these terms and conditions at any time.
You understand that all postings, messages, text, files, images, photos, posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You acknowledge that Datebookie tries to pre-screen or approve content, before allowing information onto the Datebookie site. Datebookie shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available on the Datebookie site. All pictures uploaded on to the Datebookie site must meet the criteria. Pictures cannot be nude.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
Datebookie site and it’s content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Datebookie including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Datebookie site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction or individuals with any of these third parties.
You agree that Datebookie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Datebookie is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Datebookie, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited commercial advertisement;
e) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the this site.
Additionally, you agree not to:
h) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
i) "stalk" or otherwise harass anyone;
j) collect personal data about other users for commercial or unlawful purposes;
k) attempt to gain unauthorized access to Datebookie computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the service or the Datebookie website
6. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that Datebookie may establish limits concerning use of the site, including the maximum number of days that content will be retained by the site, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by Datebookie, and the frequency with which you may access the site. You agree that Datebookie has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the site. You acknowledge that Datebookie reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Datebookie shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site.
13. TERMINATION OF SERVICE
You agree that Datebookie, in its discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the site, for any reason, including, without limitation, if Datebookie believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Datebookie shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the site after said termination.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of Datebookie. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of Datebookie, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service.
Although Datebookie does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Datebookie an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Datebookie all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE DATEBOOKIE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE DATEBOOKIE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DATEBOOKIE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE DATEBOOKIE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DATEBOOKIE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DATEBOOKIE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE DATEBOOKIE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DATEBOOKIE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE DATEBOOKIE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DATEBOOKIE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DATEBOOKIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE DATEBOOKIE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE DATEBOOKIE SITE OR THE SERVICE, FROM INABILITY TO USE THE DATEBOOKIE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DATEBOOKIE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DATEBOOKIE SITE OR THE SERVICE OR ANY LINKS ON THE DATEBOOKIE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DATEBOOKIE SITE OR THE SERVICE OR ANY LINKS ON THE DATEBOOKIE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Datebookie, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. DATEBOOKIE PROMOTOR
You agree to the TOU that you will not market Datebookie in a way that defaces private or public property. All expenses of marking Datebookie is your sole responsibility. Payment for referring someone to the Datebookie site is paid through Paypal only if referring person sets up an account and applies your ID number upon signup. If referring person does not apply your ID number upon signup payment will not be given.
19. DATEBOOKIE USER
You understand that using Datebookie site is the sole purpose of promoting yourself to go on a date. You understand that there is a chance that harm can come to you when meeting people and that you should take all precautions to protect yourself. You agree not to hold Datebookie liable if you get hurt, injured, sexually assaulted, beaten, drugged, kidnapped, tortured, or any kind of harm that comes to you from a Datebookie user.
20. WHAT WE ARE USING
All payments are paid using Stripe. This includes signup fee, referring fees, prescription fees, and ad fees. Payments will show up on your bank statement as Luxcore Media LLC.