SEX DATE NETWORK SITES TERMS OF USE.


Introduction
General terms of use, revised on 1 September 2011

Some features of the Sexdates services can be accessed free of charge. Other services are paid for by Members.

THE SITE AND SERVICE IS INTENDED FOR ENTERTAINMENT USE BY ADULTS ONLY. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE  (21 YEARS IN PLACES WHERE EIGHTEEN 18 YEARS IS NOT THE AGE OF MAJORITY), YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE AND/OR SERVICE IN ANY WAY. BY ACCESSING THE SITE AND/OR USING THE SERVICE, YOU ACKNOWLEDGE AND CONFIRM THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.

We ask you to carefully read the terms of use below before participating with Sexdates in order to assure the development of a responsible and high quality site. In becoming a Member of Sexdates, you undertake to comply with these terms of use. If you do not accept these terms of use, you should not register with Sexdates. Registration with one or more of Sexdates's services, as well as use of this site, implies full and complete acceptance of these terms of use by the Member. By checking the box containing the words "I have read the general terms and conditions of use of the services offered by Sexdates and I certify that I accept these terms" located at the bottom of the registration page, in order to confirm registration, the Member acknowledges that is bound by all clauses of these terms of use.

Contents
Article 1: definitions
Article 2: access and registration with Sexdates
Article 3: use of Sexdates
Article 4: prices and terms of payment
Article 5: personal privacy and protection of Member data
Article 6: intellectual property
Article 7: termination
Article 8: liaibilities and warranties
Article 9: agreement between the Member and Sexdates
Article 10: amendments by Sexdates to the Terms of Use
Article 11: jurisdiction and applicable law
Article 12: about us




Article 1: Definitions

The list of words below, which start with a capital letter, have been defined for the purposes of these terms of use as follows:

Sexdates refers to the paid, multi-access dating service, published by the Sexdates company (Janix Inc./Sex Date Network). Certain parts of the Sexdates service can be accessed free of charge and others are paid for by the Members.

Password refers to the virtual currency that allows Members to buy Sexdates paid services.

Pass refers to a paid fixed rate giving unlimited access to Sexdates paid services, as required, for a limited period that can be 1 month, 3 months and 1 year, renewable after the purchased period on a monthly basis where the pass has been purchased using a bank card Or any other method of payment allowing continuing debits to be made.

Paid services refers to the group of services that can be accessed by Members at specified rates paid for in Password and with continuous access by Members on the Sexdates site.

Members refers to the one or all of users of the Sexdates service who have or have not paid to use Sexdates


Article 2: access and registration with Sexdates

The equipment (computer, software, telecommunications systems, etc.) used to allow access to Services shall be the responsability of the Member, as shall the telecommunications costs incurred by its use.

To be a Sexdates Member you must be at least 18 years of age and fill in all compulsory fields appearing on the registration forms.

The Member guarantees that all of the data supplied by him or her is accurate and true. The Member undertakes to immediately inform Sexdates in the case of a change in any of the information he or she has supplied when registering, or, as appropriate, to update these changes himself or herself in his or her private pages on the Sexdates Site.

When the conditions required for registration are met, each Member will have one or more identifier(s) (login) and one or more password(s), according to the different services with which the Member is registered (Internet, newsletters, telephone). These identifier(s) and password(s) are strictly private and confidential and must not be passed on or shared with any third parties. Sexdates shall in no event be held liable for the loss of identifiers and/or passwords by the Member

If a Member disseminates or uses these elements in a manner deemed contrary to its original purpose, Sexdates reserves the right to terminate the Member's Account without notice.

The Member shall be solely liable for the use of this identification information by third parties or for the actions or statements made through Member account, whether these be fraudulent or not. The Member holds Sexdates harmless against all claims of this kind. In addition, as Sexdates does not have the means to check the identity of persons registered with its services, Sexdates is not liable in the event a Member's identity is used by someone else. If the Member has reason to believe that a person is using his or her Member identification information or account, he or she must inform Sexdates immediately.

When a Member wishes to sponsor a friend and provides Sexdates with the contact details of said friend, he or she must have obtained the prior consent of this friend for Sexdates to process his or her data. The Member is, in addition, exclusively liable opposite Sexdates, this friend and third parties, for the consequences resulting from the transmission of these contact details to Sexdates.

Sexdates reserves the right to deactivate the accounts of Members who have not used the service for a period of 6 months or more. The date on which use of the service ends, to be used for calculating the duration of the period referred to above, is the date of the last connection to the Sexdates service.



Article 3: use of Sexdates

Upon registration, and after acquiring the necessary Pass or Password, the Member can take advantage of access to the entertainment services available on Sexdates. Prices and terms of payment for different services are accessible, at the latest, from the time of presentation or use of service(s) to which the Member wishes to subscribe, as well as their respective charge(s).

Within the framework of use of services, the Member undertakes in particular to comply with the following rules:

  • To comply with the laws in force and to respect the rights of third parties and not violate the law.
  • Not to use Sexdates for professional or commercial purposes (canvassing, soliciting or prostitution).
  • Not to post, disseminate, or broadcast in any form whatsoever inaccurate or false information or content.
  • Not to make comments, propagate or disseminate in any form whatsoever content that contravenes the rights of others or that is defamatory, injurious, obscene, offensive, violent or inciting to violence, political, racist or xenophobic and, in general, any content that is contrary to the purpose of Sexdates, current rules and laws in force or acceptable norms and standards. In particular, photographs, videos and any other information in terms of data or files supplied by a Member of Sexdates must be decent and refer exclusively to the Member or to a third party from whom the Member has expressly obtained consent and are the sole responsability of the Member concerned.
  • Not to mention on the Sexdates web site any personal information provided by a Sexdates Member (email address, postal address, telephone number, etc) enabling a Member to contact another Member without using Sexdates.
  • Neither to post, disseminate, or broadcast in any form whatsoever information or content that has the effect of diminishing, disorganizing or preventing normal usage of the Site, or of interrupting and/or slowing down normal circulation of communications between Members through the Site, such information comprising, for example, software, worms, viruses, software bombs, mass mailing, etc. Sexdates reserves the right to delete messages sent in mass mailings by a Member in order to maintain the quality of use of the services provided to its Members.
  • Neither to post, disseminate, or broadcast in any form whatsoever information or content that incorporates links to third-party websites that are illegal in character, contrary to what is generally acceptable and/or not in accordance with the principles of Sexdates.
  • You will not violate the law
  • you will not use a fake email address to register for an account
  • You will not impersonate anyone
  • You will not provide false information
  • You will not harass any member of Sexdates
  • You will not violate the privacy or rights of any member
  • You will not violate any copyright or trade-mark laws
  • You will not solicit for funds
  • You will not solicit any advertisement or information leading to promotion of product or service
  • You will not ask individuals for financial information
  • You will not provide personal contact information
  • You will not disrupt the Supersocial service or website, or its supporting servers and/or network
  • You will not upload any electronic files that harm Sexdates, its software, its database, or its membership
  • You will not attempt to use any measures to access the Sexdates database or any data stored or used by the Sexdates website

In the case of violation of one or more of these rules by a Member, Sexdates reserves the right to block the Account(s) of the Member concerned, to automatically delete litigious messages or contents, to prevent publication of all or part of the profile of a Member, and/or to block the Member's access to all or part of his or her Services, either temporarily or permanently, without incurring any cost or charges for reimbursement to the Member in any form whatsoever, and without prejudicing the terms of the article Termination.

Sexdates reserves the right to provide you with on-site entertainment, including, but not limited to, forums, blogs, stories, video feeds, member video, dating tips, chat, web cam, models, chat entertainers, emails, flirts, quick-posts, comments, email, games and merchandise. You agree to accept, participate and take advantage of the entertainment provided to you as a member .

You agree to create only one account and one unique profile within the network of Sexdates Sites including all sister sites. In addition, in order to maintain the integrity of the Website, by joining, you agree that your use of the Website shall be for bona fide relationship-seeking purposes (for example, you may not use the Website solely to compile a report of compatible singles in your area, or to write a school research paper). From time to time, we may create test profiles in order to monitor the operation of our services.

Sexdates cannot be held liable for false declarations made by a Member. Therefore, it is imperative that Members take certain precautions when arranging to meet up with another Member. Sexdates assumes no responsibility for meetings between Members of Sexdates, on Sexdates or during meetings between Members and/or non-Members as a consequence of the use of the Sexdates site and Services.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT SEXDATES CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. SEXDATES ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. SEXDATES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. SEXDATES RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

IN NO EVENT SHALL SEXDATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT SEXDATES MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.

Member Disputes: Sexdates does not solicit or control the information provided by any Member that may be made available through our system. You may find other user's information to be offensive, harmful, inaccurate or deceptive. If so, please request a profile review using the link provided on the Member's profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our Site. You are solely responsible for your interactions with other Sexdate Members. Because Sexdates is not involved in Member interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed or used information on the Sexdate Site, you agree to release Sexdates, including its officers, directors, agents, subsidiaries, parent companies and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

In this respect, Sexdates reminds its Members that they are prohibited from disclosing information that allows them to be identified, such as last name, postal/e-mail address, telephone number, to other Members of Sexdates through the Site. In addition, on a first date, it is recommended that you tell someone close to you and choose a public place (club, bar, restaurant etc.).



Article 4: prices and terms of payment

The use of the services assumes that the Member has Password or a Pass. The Members can acquire Password or a Pass either by bank card (on Internet or by telephone), or while participating in games or services proposed by Sexdates through their Audiotel services.

Sexdates offers its Members the ability to view other Sexdates Member's profiles. The costs of creating and managing these profiles are not equal. Sexdates reserves the right to offer different prices or free access to certain categories of subscribers, not only in regards to their sex (man or woman) or to their sexual orientation of their search, but also in regards to the difficulty and costs of creating and managing the profiles sought by each of these Member categories (man looking for woman, woman looking for man, man looking for man, woman looking for woman). In any event, prices and terms of payment for various services are constantly accessible on the Sexdates site, at the latest, from the time of presentation or use of service(s) to which the Member wishes to subscribe, as well as their respective charge(s).

Password acquired by the Members are valid for 1 (one) month starting from their date of registration on the Member's account. The acquisition of Password or a Pass on the Member's account is almost simultaneous starting from the validation of the transaction by bank card or cheque deposit or the end of the telephone communication using the Audiotel number(s) set up for this task.

The acquisition of a Pass by bank card on the Internet, by telephone or by bank transfer, implies, in the absence of contrary indication on behalf of the Member in the heading "my account" of the Sexdates site, the automatic renewal of the Pass to a preferential rate, by successive one-month periods. The termination of the automatic renewal of a Pass by the Member takes effect from the end of the monthly instalment during which the renewal was terminated by the Member in the heading "my account" of the Sexdates site. Any opened monthly installment is due in its entirety and no refund can take place, in any form whatsoever.

Automatic Renewal.
(1) Your subscription for the Service will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the My Account / Cancel Membership page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

(2) By subscribing, you authorize Sexdates to charge your credit card, debit card or other payment method at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon the renewal of your subscription, if Sexdates does not receive payment, you agree that Sexdates may either terminate or suspend your subscription and continue to attempt to charge your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). If you do not terminate your subscription and/or if you continue to use the Service, you agree that Sexdates is authorized to charge the payment method in your online account. Sexdates may also seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

c. Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.

The prices are indicated in dollars (USD), including VAT (value added taxes).



Article 5: personal privacy and protection of Member data

Sexdates upholds the strictest of standards with respect to protection of privacy and of personal information.

Some information, comments or content (photographs or video) that the Member optionally provides may possibly, under the responsibility and on the initiative of the Member concerned, reveal the ethnic origin of the Member, his or her nationality, religion and/or sexual orientation. By providing such information, all optional, the Member concerned expressly consents to, and takes sole responsibility for, the processing of this said sensitive data by Sexdates, and freely takes the exclusive responsibility.

Each Member can, at the time of registration or at any time thereafter, request to receive and, subsequently, request without charge via Sexdates to cease to receive, the Sexdates newsletter and/or promotional offers sent to her or him by e-mail or to mobile phone from Sexdates and/or its partners.



5.1. When and why do we gather information about you?

The Member is asked to supply information about himself or herself when he or she registers with the Service, participates in a contest, responds to a survey, participates in a chat or acquires Pass. Certain items of information are mandatory in order to gain access to Services.



5.2. What sort of information do we gather?

Personal information gathered by Sexdates can include your name, postal and/or email address, landline and/or mobile phone number, bank information, information about your physical appearance, photographs, voice recording, video, personal values, religion, interests and your use of the Service.

Furthermore, certain non-personal information is also gathered, such as the version of the Member's and any other visitor's web browser (Netscape, Internet Explorer, etc.), the operating system (Windows 98, Mac Os, etc.) and the IP address of the computer from which they are visiting.

Finally, Sexdates is likely to use cookies, designed to store information used to identify the Member while they are browsing on Sexdates, in order to allow the Member to continue browsing without having to re-enter this information for each new page. The Member always has the option of preventing the use of cookies by modifying the options of his or her web browser.



5.3. Who has access to your information?

1. The information gathered about you when you register with Sexdates and subscribe to our Services is used to offer you our different services. All precautions have been taken on our databases to archive your information in a secure environment. Only a small number of our employees have access to your information, which is only accessible in case of necessity. The personal information you provide at the time of registration which does not comprise your personal ad and your profile will not be accessible by third parties, nor passed on, sold or exchanged., except in the cases named below and subject to your prior information and agreement, or in assumption of your non opposition hereto.

2. We may send you promotional offers from some of our partners, subject to your explicit and informed consent given during registration, unless you oppose it during your registration or at any moment thereafter. If the you prefer not to receive the offers that we select for you, or that our partners wish to send you, you can indicate such opposition during registration or at any other subsequent time through your Account, or by informing Sexdates by e-mail at privacy_fr@sexdatenetwork.com or by postal mail.

3. Sexdates may occasionally share general socio-demographic information that does not include names with selected partners to allow them to target their announcements (by age category, gender, etc.). In this case, we will not send these partners any information that would allow them to identify you.

4. The information contained in your personal ads and search criteria and your profile can be accessed on Sexdates, on the Web, by email (newsletters), or on the Audiotel Sexdates service. In addition, this information may be broadcast directly by Sexdates or via our partners to persons interested in Sexdates, through newsletters or third-party websites, or by all other electronic (e-mail, SMS, etc.) or audiovisual (radio, television, etc.) communication tools, or by written press (newspapers, magazines, etc.), in order to increase your chances of meeting someone by promoting your person ads, search criteria and profile

Consequently, the Member explicitly authorizes Sexdates to reproduce and broadcast the information contained in his or her personal ad, search criteria or profile (personal information, description, images, videos, etc.) on all or part of the Sexdates Services (on the Sexdates site, on the Web, by email, Audiotel) and/or in a general manner, on all distribution media, in particular audiovisual communication (press, radio, analogue television, digital television, cable or satellite) or electroniccommunication (email, Internet), throughout the entire world and for the length of time established in these General Terms of Use between the Member and Sexdates. Furthermore, the Member explicitly authorizes Sexdates to transfer the benefits of the above mentioned rights to its partners and eventual successors of Sexdates and Sexdates.

If you no longer wish for Sexdates or its partners to reproduce or broadcast the information comprised in your personal ad, your search criteria, or your profile, you can terminate your Sexdates account following the conditions foreseen in article 7 Termination. Since this information is comprised of your personal ad, your search criteria and your profile, the termination will only take effect upon the next update or version of these communications (printed, press, audiovisual, or digital) containing your personal ad and profile information


Article 6: intellectual property

6.1. Content broadcast by Sexdates

The brands, logos, graphics, photographs, animations, videos and texts put online on the site by Sexdates are the property of Sexdates and may not be reproduced, used or represented, under threat of prosecution and without the express permission of Sexdates.

The rights of use accorded by Sexdates to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and to use of these documents for private and personal purposes in the scope of and for the duration for of the Member's membership with Sexdates. Any other use by the Member is prohibited without the authorisation of Sexdates.

In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the services, the Sexdates site pages or software codes for elements comprising the Sexdates Services and site.


6.2. Content provided by Members

Sexdates holds a licence to use the intellectual property rights attached to the content provided by the Member for the purpose of broadcasting on the Sexdates Sites.

This licence in particular incorporates the right for Sexdates to reproduce, represent, adapt, translate, scan, use for publicity purposes, commercial or non-commercial, sub-licence or cede the content concerning the Member (information, images, videos, descriptions, search criteria, etc.) on all or part of the Sexdates Services (on the Sexdates site, by e-mail, by Audiotel) and/or in mailings sent by Sexdates and, in a general manner, on all distribution media, in particular digital (e-mail, SMS, Internet, CD-Rom or DVD-Rom), or through audiovisual communications media (press, radio, analogue television, digital television, cable or satellite).

The Member expressly authorises Sexdates to modify this content in order to conform to the look and feel of the Sexdates site and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats. These rights are awarded on a global basis for the legal duration of the rights awarded, under American and foreign law, as well as current and future international conventions including any extensions that might eventually be agreed to this duration. The Member is prohibited from copying, reproducing or otherwise using for any purpose the content relating to other Members, except for the explicit requirements for usage of the Services for the Member's own strictly personal and private purpose.


Article 7: termination

Site and related service usage and/or subscription fees and duration of services were provided to you upon registration and may change from time to time upon electronic notice to you.

We reserve the right to terminate your access to the Site for any reason or no reason Sexdates may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us or via any other method in its sole discretion. If Sexdates terminates your membership in the Sexdates service because you have breached this Agreement, in the sole discretion of Sexdates , you will not be entitled to any refund of any unused subscription fees and thereby you agree to waive any claim to such refund of fees. Upon termination of your membership for any reason or no reason any and all points accumulated in any of the Site's programs shall be terminated with no liability to you. You expressly acknowledge that any program providing points or other credits and your participation in it can be terminated in the sole discretion by Sexdates at any time with no liability to you whatsoever and that you did not join or remain a member of the Site or any other services in reliance on any such program(s), or the use or availability of such points or credits, or the continuation of the program(s). Points and credits have no monetary value whatsoever and may not be transferred to other persons. Even after this Agreement is terminated certain provisions will remain in effect, namely Sections (SECTIONS) inclusive, of this Agreement.

You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to 48 hours before midnight of the original contract seller's third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Sexdates , Customer Service-Cancellations, http://sdnmail.net

If by reason of death or Disability you, the buyer, are unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of Disability. "Disability" means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the buyer. The written verification of the physician shall be presented to Janix Inc., the seller. If you, the buyer, have prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received due to death or Disability shall be promptly refunded to the buyer or his or her representative. This provision shall supersede any other provision's terms that are contrary herein.

Each member may terminate his or her registration with Sexdates at any time without any reason by using the section of the Sexdates Site designed for this purpose. The Member's money or a Pass at the time of termination of Sexdates membership shall not be refunded to the Member.

In case of breach of these present terms of use by the Member, Sexdates reserves the right to suspend or terminate the Member's Account without notice or reimbursement and/or to pursue prosecution of the Member and without prejudice to the other terms of this agreement.

This termination shall be made in full right and without prejudice of any damages or interests that may be claimed by Sexdates from the Member and his or her heirs or representatives, as compensation for the damage suffered by cause of such a breach.

The Member shall be informed of the termination or of the confirmation of termination of his or her account by e-mail. Data concerning the Member shall be deleted either by request of the Member or following the legal period immediately following termination of the Member's Account.

When any member's access has been terminated by Sexdates for violation of these terms, the member will be prohibited from registering for a new account or logging in to any of the sites that Sexdates operates, by any means what so ever. Sexdates may, at its discretion, consider requests to join again submitted to Sexdates in writing.

Employees that have been terminated by Sexdates will be barred from registering for a new account or logging in to any of sites that Sexdates operates, by any means what so ever, unless such request is submitted in writing to Sexdates and permission granted by Sexdates in writing.

Any unauthorized access including, but not limited to, terminated members or employees will be treated as criminal trespassing and dealt with to the fullest extent of the law.




Article 8: liaibilities and warranties

8.1. Information and content supplied by the Members

1. The information supplied by a Member of Sexdates must be accurate and conform to reality. The consequences of disclosing this information to the life of the Member or of other Members are the sole responsibility of the Member concerned. The Member renounces all recourse against Sexdates, notably on the basis of any possible damage to the Member's right to his or her image, the Member's honour and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this present agreement, in particular article 5 Personal privacy and protection of member data.

2. Sexdates cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other Members, site visitors and/or the Member himself or herself. Correspondingly, Sexdates cannot be held responsible for content distributed by a Member that might contravene the rights of one or more other Members or third parties.

3. In the case where the responsibility of Sexdates is pursued due to a breach by the Member of his or her obligations as defined in the scope of the law or by this present terms of use, the Member undertakes to protect Sexdates against all claims or damages against Sexdates. This guarantee covers both fines and indemnities that might be paid and the costs incurred in lawyers' fees and court costs that might be charged to Sexdates.



8.2. Functioning of the Sexdates site and services

The Member must have the necessary hardware equipment and software and the necessary parameters required to properly use Sexdates: Navigator Internet Explorer 6 or equivalent , Javascript functions enabled, cookies enabled, and pop-ups enabled

Sexdates does not guarantee that the services will function if the member activates a popup killer tool. In this case, the function should be deactivated before using the Sexdates services.

In addition, the Member must have sufficient the knowledge, hardware and software required for the use of the Internet, or if necessary, the Internet, telephone and Audiotel services, and must acknowledge that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of the transmission of data over the Internet.

Under these conditions, Sexdates does not guarantee that the Services shall function without interruption or error. In particular, the use of this Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, Sexdates shall inform its Members prior to maintenance work or updates. The Member waives the right to seek Sexdates's liability in respect of the functioning and operation of its Services.

Due to the specifics, amongst others, of their Internet browser AOL users may encounter problems making Sexdates function properly. Sexdates can not be held responsible for any reason for the incidents pertaining to the connection via this Internet Service Provider.

Similarly, Sexdates cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the Sexdates site that is due to incorrect hardware, problems experienced by the Member's ISP (Internet Service Provider) or blockages on the Internet networks or for all other reasons outside the sphere of influence of Sexdates.


8.3. Links

The Site can supply or third parties may include hypertext links to other websites other than the Sexdates site and to Internet sources. As Sexdates is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, services or any other element made available on or from any of these external sites or sources. Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or utilisation of these external sites and sources are governed by their own terms of use.

Finally, if during the scope of a search performed on the Sexdates site where the result of this search would point the Member to access sites, pages or forums of which the content and/or purpose constitutes a violation of the American law, the Member is required to cease consultation of the site concerned in order to avoid being held responsible for such violation.


8.4. Limitation of responsibility

Whatever the circumstances, Sexdates's overall liability shall be limited to the sum actually paid by the Member for the service involving a breach.

In no case shall Sexdates be liable for indirect damage suffered by the Member, and notably for loss of data, prejudice to image, reputation, etc. (including copies) or recordings made by the Member. It is up to each Member to keep his or her own back-up copies.


Article 9: agreement between the Member and Sexdates

These terms of use, and the pages on the Sexdates site to which these terms refer, constitute a contract that governs the relationship between the Member and Sexdates. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of Sexdates and of the Member.


Article 10: amendments by Sexdates to the Terms of Use

Sexdates reserves the right at any time to modify or develop the pages of the Sexdates site, the Services, their prices or the terms of use to which they apply. These modifications shall become valid as soon as they are placed online, without affecting the Member's option to terminate his or her membership with Sexdates. If the Member does not terminate his or her membership, he or she is deemed to have accepted these modifications by continuing to use the Sexdates site and Services.

Members are therefore invited to read the most recent version online on the site. The presence of the Member on the site implies the Member's full acceptance of any revision or modification.


Article 11: jurisdiction and applicable law

These terms of use shall be governed, construed and applied in accordance with the law.


Article 12: about us

Sexdates is provided by Janix, Inc. and can be contacted by e-mail. Any questions you may wish to ask, contact Sexdates by completing the contact form. For questions relating to rights of access and correction and more generally to personal privacy, please write to support [at] sexdatecash.com