Terms of Service for VictoriaMilan: Married & Attached Dating
TERMS OF SERVICE
In this Agreement, the following expressions have the corresponding meanings:
- “Company” means Paysec USA LLC. with offices located at 1000 N West Street, Suite 1200 Wilmington, DE 19801 D/B/A Victoria Milan.
- “Content” has the meaning given to it in Section 9 below.
- “Personal Information” means information that identifies or may be used to identify an individual;
- “Service” means the functionality at any given time made available for members via the Website;
- “Website” means this website which is owned and operated by the Company; and
- “We”, “us” and “our” all refer to the Company.
1.2 Acceptance of the Agreement
1.2.1 User Agreement
These Terms of Service constitute the agreement between you and the Company in respect of your use of the Service and the Website (the “Agreement”).
This Website is operated by Paysec USA LLC. (hereinafter, the Company). You can contact us using any of the following methods:
- Online support form (use this option for fastest service)
- Email: firstname.lastname@example.org
- Address: Paysec USA LLC.
1000 N West Street
Wilmington, DE 19801
You must be 18 years old or older to register as a member of the Service or to use this Website. Any use of the Service is void where prohibited. By accessing or using the Website and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this agreement and abide by all of the terms and conditions herein. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government agency. By using the Website, you agree to be bound by this Agreement and to comply with all of the Terms of Service.
You may become a member of the Service free of charge. Free membership will only entitle you to participate in certain features available as part of the Service and such available features are subject to change without further notice, including shutting down the Service for non-paying members completely. In order to access additional features, you must become a paying subscriber to the Service. Your use of those additional features is conditional upon the payment of the relevant fees and subject to change in accordance with the clauses set out below.
1.6 Subscription plans and fees
Subscription plans and their corresponding fees are located on the “Membership” page. These subscription fees are subject to change, and any changes will be posted on the Website and/or communicated to you by e-mail or private message via the Service.
Only Members with a valid subscription or otherwise upon payment of a fee can access certain parts of the Service. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on the “Membership” page. Prices are stated in the currency shown on the upgrade membership page and include all applicable taxes unless otherwise stated.
We automatically renew your membership on a recurring basis, every 3 months, every 6 months, or every 12 months, depending on your choice of membership, after the initial signup period has expired. The renewal fee is based on your initial subscription fee.
We may at any time change our price for a subscription. If you currently are in a subscription period (and not in the initial signup period), the prices will take effect from the first calendar month after a notice of price changes has been sent to the email address provided by the user upon registration. You may terminate your subscription if you do not agree to the price increase.
By purchasing a subscription/membership, you authorize the Company to charge the subscription fees on a recurring basis in accordance with your subscription plan. In that case, the Company will cease charging fees upon you yourself cancelling the automatic renewal option from the “My membership” page on the Website or upon its receipt of your written notice that such authorization has been terminated, by sending an email to our customer support team. Any such notice shall not affect charges made before the Company could reasonably act. If a new membership cycle has begun after receiving such notice, that amount cannot be refunded.
Due to processing time from payment providers, please note that any recurring card payments will take effect within 48 hours before your membership expires. Recurring bank payment solutions (e.g., iDeal, ELV, etc.) will take effect within approximately 5 business days before your membership expires. Should you wish to cancel your automatic renewals, this must be done before the abovementioned processing times. Please note, if you previously have cancelled an automatic renewal, purchasing a new subscription will re-instate your automatic renewal.
By subscribing to the 1 EUR (or the value of 1 EUR in local currency) 48 hour Premium as a free user, users are given Premium permission for 48 hours from the point it was has started. The 1 EUR fee is not subject for indemnification. Cancellation of 48h Premium period can be manually done in payment settings or at customer support at "Contact Us" in footer, otherwise the 48h premium period will automatically continue as a 6-monthly membership for its actual price after 48 hours from starting it.
You must provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly.
1.8 Member ID and password
As part of the member registration process, you will be required to select a member ID (username) and password. We may refuse to accept any username for any reason, including that the proposed member ID impersonates someone else, is or may be illegal, is or may be protected by trademark or other intellectual property law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our absolute discretion. You are solely responsible for the confidentiality and use of your member ID and password (including all activities conducted under your member ID and password) and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.
To activate certain features of the site, Members may choose one of our credits packages. Once we have confirmed receipt of your payment, we will credit your account with the number of credits purchased.
A Full Member whose account has lapsed or who has no remaining credits may not be able to access certain features until additional credits are purchased; however in the event that any action you take on the Service that requires the expenditure of credits results in you having a “zero balance” or a negative balance of credits, and you have consented to our automatic rebill feature, we will automatically purchase for you the same membership package that you had purchased previously (or, if such membership package is no longer available to you, the membership package that is most closely priced to the membership package you most recently purchased).
No fees or charges are refundable under any circumstances unless otherwise required by applicable law. You agree to pay or have paid all fees and charges incurred in connection with the Service (including any applicable taxes) at the rates in effect when the charges were incurred.
We reserve the right to cancel without refund any unused credits on such date that is the earlier of 90 days from the date of your last login or 180 days from the date of purchase.
1.10 Bonus codes
Bonus codes are a limited time offer. Bonus codes are only valid for the first initial payment and the user will be charged the regular amount for any further recurring payments. Bonus codes are only valid for Premium membership fees or credit packs, depending on the received code. Bonus codes are not transferable or redeemable for cash or credit. Bonus codes cannot be applied to existing or previously purchased membership plans. Your use of Bonus codes is subject to these Terms and Conditions.
2. THE SERVICE
The Service is a web-based information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service nor a matchmaking service. The Company is under no obligation to broker any other member or members for you.
3. SPECIFIC DISCLAIMERS REGARDING ONLINE DATING
Your Interactions with Other Members
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. THE COMPANY 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.
The Company is not responsible for the conduct of any Member. In no event shall the Company, its affiliates, its partners or their respective officers, directors, employees, agents or representatives be liable (directly or indirectly) for any losses or 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 Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off OF the Website or meet in person, or if you decide to send money to another Member. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.
4. OBLIGATION OF USER
4.1 Own risk
You acknowledge that your use of the Service and the Website is solely at your own risk. The Company undertakes to deliver a Website and a Service to provide you with the opportunity to come into contact with other individuals based upon criteria defined by you, but the Company takes no responsibility or accepts no liability for any economic or non-economic loss or damage you should suffer to the use of the Website and/or Service or by the Website and/or Service not functioning according to your expectations.
Furthermore, you understand that you are solely responsible for your interaction with other members of the Service. The Company cannot and does not warrant that each member or user of the Service is who he or she claims to be. Additionally, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must exercise caution in dealing with other members or users of the Service or the Website.
You are solely responsible for your interactions with other members and assume the risk for all such interactions. You understand that the Company currently does not conduct criminal background checks or screenings on its members. See Specific Disclaimers Regarding Online Dating (Section 4, ABOVE) for additional information.
4.2 Accurate information
It is your responsibility to ensure that the information that you supply to the Service, the Website and the Company is accurate in all respects, not in breach of this Agreement and not harmful to any person (physical or legal) in any way.
4.3 Information provided by you
It is your responsibility to ensure that any information or material you upload to the Service, including but not limited to information and/or material contained in your personal profile, does not violate any laws or regulation in any jurisdiction, or the rights of third parties. We reserve the right to remove any such information or material without further notice and to claim compensation for any costs or damages such information or material has caused us.
DO NOT POST OR UPLOAD ANY OF PICTURES OR OTHER DEPICTIONS OF ANYONE UNDER THE AGE OF 18.
4.4 Your obligations
You agree to be bound by the following rules regarding the use of the Service and/or the Website.
Any Use or attempted Use of the Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the Website; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by the Company to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website or Service, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
- “Stalk” or otherwise harass a person;
- Impersonate any person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the Website, the Services or another's computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use of any of the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
- Solicit money from any members;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the Website or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses; or
- Use any robot, spider, scraper, or other automated or manual means to access the Website, or copy any Content or information on the Website.
You understand and agree that the Company may, but is not obligated to, monitor or review any content you post on the Website or as part of a Service. We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of this Agreement. This includes the right to, at our discretion, to engage one or more third parties to provide online security functions for our customers.
5.2 Editing information
We are not under an obligation to monitor or review messages or material posted or sent by users of the Service, and are not responsible for any content of these messages or materials. However, we reserve the right, without obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach this Agreement or to be otherwise unacceptable.
5.3 Test Profiles
You understand that the Company or its affiliates may, from time to time, create test user profiles for the purpose of testing the functionality of the Service and Website processes and to improve the quality of Service.
5.4 Communications from Company
5.5 Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
5.6 Accounts, Passwords and Security Accounts, Passwords, and Security
Certain features or services offered on or through the Website may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify the Company immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to another person using your account, login ID, or password.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
6. RESTRICTED USE
Unless otherwise agreed in writing, the Company grants you a personal, non-exclusive, non-transferable, limited license to use the Website and to view or access the Services solely for your personal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Website, the Services, or any other Content available via the Website (including any Websites or Mobile Applications contained therein). You further agree not to modify the Website, or any part thereof, in any form or manner. You may not attempt to gain any unauthorized access to the Website or any of its associated Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the Website or the Services is permitted, unless expressly specified in a prior agreement between you and the Company.
Responsibility for the content of advertisements (if any) appearing on the Website (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser’s product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.
8. INTELLECTUAL PROPERTY OWNERSHIP
We respect the intellectual property rights of others and expect you to do the same. We have expended substantial time, effort and funds to create the Website and to collect and provide the features, materials, opportunities, and services that are available on or through the Website. You understand and agree that the Company owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Website and the features, materials, opportunities, and services made available on or through the Website, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Website and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of the Company or its licensors and content-providers.
Except as expressly provided in these Terms of Service, no part of the Website or the Services, and no Content, materials, or other information on the Website or the Services, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without the Company’s express prior written consent.
The posting of information or other materials or Content on the Website by the Company does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the Website or to any other third party, except as expressly provided herein
The Company retains all right, title, and interest in the Service and the Website and the corresponding intellectual property rights and reserves all rights not explicitly granted.
9. NOTICE REGARDING COPYRIGHT AGENT
The Company respects the intellectual property rights of others and requests that users of our Website do the same. If you believe that any content on any of our Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the Website containing the following:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Company to locate the material;
- The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices should be sent to:
- Paysec USA LLC
- Attn: Copyright Agent
1000 N West Street,
Wilmington, DE 19801
10. DISCLAIMER OF WARRANTIES
We do not promise, covenant, represent, warrant, or guarantee that you or any other user of the Website will obtain any particular or tangible result or goal through the use of the Website, or obtain any other product or service in connection with use of the Website. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the Website or the Company, or that you access, use, download, or otherwise obtain on or through the Website or the Company, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
The information, software, or other materials available from or provided on the Website or via the Services, is provided “AS IS” and “AS AVAILABLE”, without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
The COMPANY AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR THROUGH THE COMPANY ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE AND THROUGH THE COMPANY ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. THE COMPANY PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE WEBSITE AND THE SERVICES WITHOUT NOTICE. FURTHER, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR THE SERVICES. THE COMPANY SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEBSITE.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE WEBSITE, THE CONTENT, OR THE INFORMATION, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE WEBSITE OR THROUGH THE COMPANY; (B) THE USE, COPYING, OR DISPLAY OF THE WEBSITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE WEBSITE OVER THE INTERNET; (C) THE COMPANY’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF SERVICE; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE WEBSITE, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THE COMPANY OR ANY THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH THE WEBSITE OR ITS USE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF THE COMPANY, EVEN IF THE COMPANY WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF THE COMPANY, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IF THE COMPANY, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, OR THE USE OF THE WEBSITE OR SERVICES, THE COMPANY AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED USD $100.
DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE WEBSITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. THE COMPANY MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE.
The Company reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the Website, or any portion of the Website, for any reason; (ii) modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (iii) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
You agree to indemnify, defend and hold the Company, its affiliates, its partners and their respective officers, directors, employees, agents, and representatives (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys' fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the Website or the Company, your access to and use of the Content, the Website, and other materials, products, and services available on or through the Website and the Company, your violation of these Terms of Service, your violation of any rights of another, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user or member of this Website or the Services or any other third party, any business practices in which you engage or are alleged to engage, or alleging facts or circumstances that could constitute a breach by you of any of the representations and warranties set forth herein. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Service. You agree to cooperate with the Indemnified Parties in connection with any investigation, claim, action or proceeding covered by this Section 13.
All responsibility or liability for any damages caused by viruses contained within the electronic files or on the Website is disclaimed. You are advised to keep updated anti-virus and anti-malware software at all times. We take no responsibility and accept no liability for any damage or loss caused by virus, malware, spyware, trojans or any other malicious software transferred through your use of the Website or Service
14. Disclaimer of Third Party Information
The Website may contain offers for sale of merchandise or services not provided by the Company. Such merchandise and services may be obtained only by linking to the applicable merchant's website in order to make the transaction. Terms of the offer shown on the Website and description may vary from those shown on the merchant's website. Differences in the terms of an offer between the Website and a merchant's website will be governed by the terms shown on the merchant's site. The Company is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third party website.
15.1 Agreement effective for members
This Agreement will remain in full force and effect while you are a member of the Service or while you otherwise use the Website.
15.2 Termination of membership by you
You may terminate your membership at any time, for any reason, effective from the first payment period after our receipt of your written notice of termination, provided you are not in an initial signup period, in which case you will be charged for the entire amount of the initial signup period. Notice of termination may be delivered to the address contained in the Contact Us section of the Website or be emailed to the email address listed in the Contact Us section of the Website. Termination of membership will not result in deletion of your profile. When you terminate your account, your profile will no longer be visible to other members, but it will remain in the Company’s database. If you wish to delete your profile, please contact us at email@example.com.
15.3 Termination of your access to Service
We may, in our absolute discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others. If your access to the Service is suspended or terminated based on your breach of this Agreement, your membership will still continue to run until terminated by you or by us.
15.4 Termination of membership by us
We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will be refunded to you after deducting any costs incurred or loss suffered by us in connection with your membership.
15.5 Deactivation for non-use
We may deactivate your account if you have not used the Service for a consecutive 6 month period unless you have an active paid subscription.
16.1 Failure to comply
We accept no liability for any failure to comply with these Terms of Service where such failure is due to circumstances beyond our reasonable control.
16.2 No waiver
If we waive any rights available to us under these Terms of Service on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms of Service are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Service shall continue in full force.
You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. We have the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or the Website.
16.7 Arbitration and Governing law
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal courts located in Wilmington, Delaware or the Delaware Court of Chancery, USA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement and any dispute shall be governed by the laws in force in the State of Delaware, USA.
16.8 Special State Terms.
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the buyer, may cancel the Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice shall be sent to: Paysec USA LLC. with offices located at 1000 N West Street, Suite 1200 Wilmington, DE 19801 D/B/A Victoria Milan. Please include your Victoria Milan username and email address in any correspondence or your refund may be delayed. If you cancel, Company will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Services of Company) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company with notice at the same address as listed above.
Last Updated: March 22, 2016