DatebyBrand.com Member Terms and Conditions of Use
Last updated on 24/07/2012
The Site is operated by DatebyBrand Limited ("we", "us", "our" or "DatebyBrand"). We are registered in England and Wales under company number 07850606 and we have our registered office at The Printworks, 4A Blake Mews, 1-17 Station Avenue, Kew Gardens, Surrey, TW9 3GA.
Welcome to DateByBrand.com, the web dating service (the "Service") for people to ‘connect’ and potentially meet. These pages (together with the documents referred to in them) contain the terms and conditions of use by which you may use the Service or any service of a similar nature owned and controlled by DatebyBrand Limited or any of its subsidiaries, whether as a guest or a registered user (the “Terms”). Please read the Terms carefully.
Please contact us at support@DatebyBrand.com should you have any questions or require further assistance.
1. Application of these Terms
The Terms apply to any use of the site (the Service), or any sites owned and controlled by DatebyBrand Limited including its subsidiaries, the purchase of any products or services and any postings, emails, messages and other communications made to or using the Site.
Access to the Site is at our discretion and we reserve the right to withdraw access or amend the Service without notice. We will not be liable if for any reason the Site is unavailable at any time for any period.
From time to time, we may restrict access to some parts of the Site or the entire Site to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures (“Login”), you must treat such information as confidential and you must not disclose it to any third party. We reserve the right to disable any Login at any time, if in our opinion you have failed to comply with any of the Terms.
You must inform us if at any point you consider that your Login has been compromised or is being misused by someone else and you shall take such action as is required or is requested by us to prevent such misuse. You are responsible for all fees relating to activities conducted using your Login up till the time that you notify us of unauthorised use of your Login.
When using the Site, you must comply with the provisions of our acceptable use policy.
By using the Site, you consent to such processing and you warrant that all data provided by you is correct.
We ask you to carefully read the Terms and Conditions of Use below before using the service. In becoming a Member of the website, you undertake to comply with these Terms and Conditions of Use. If you do not accept it, you should not register with the service as use of this website implies full and complete acceptance of these Terms and Conditions of Use by the Member. By checking the box containing the words "I certify that I am at least 18 years of age and that I have read the Terms and Conditions of Use ", located at the bottom of the registration page, you agree to abide by all terms and conditions of use.
The Service is for the personal use of individual Members only and may not be used in connection with any commercial endeavours. Organisations, companies, or businesses may not become Members and should not use the Service for any purpose. Your Membership is personal to you and you cannot transfer or sub-licence the right to use the Service without our prior written permission.
5. Registration and Subscription
You are not eligible and must not apply to become a Member if you are less than 18 years of age or have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment (any breach of this clause is a serious breach of this agreement.) We reserve the right in our discretion to refuse any application to become a Member or delete any user’s account.
Although you may register as a Member for free and use certain Services are available free of charge, if you wish to communicate with other Members and use certain other parts of the Service, you must pay the fees that are set out in the price list located within the Site ("the Subscription”). When you have paid these fees (and whilst they are paid up to date) you will be a Subscriber. This price list is part of your contract with us and can be found by clicking on the "Contact us" link.
We can change the subscription fees for the Service at any time, but we will give you reasonable notice of this before we do so. If you are unhappy with any subscription fee changes you may terminate your Subscription by calling the customer support telephone number provided on the website.
We may from time to time run special offers or promotions. If you qualify for any special offer or promotion then the value of any special offer or promotion will be deducted from the cost of Subscription for the initial subscription period. Offer codes can only be used when paying online with a credit or debit card. When such offer or promotion expires, any subsequent automatic payments will be performed at the standard rate. Payments will show as "DatebyBrand" on your credit card.
For your convenience, we will automatically renew your Subscription when your current term comes to an end. If you wish to cancel your Subscription, please call our customer care team on our customer support telephone number before your renewal date. Cancellation details can be found by clicking on "Contact us".
6. Term and Termination
These terms will remain in force and effect while you are a Member. If you are a "Consumer" as defined in the Consumer Protection (Distance Selling) Regulations 2000 resident within the EU, you may cancel your order for Subscription within a seven day cooling off period. This may be done by giving us written notice, calling our helpline number on 020 7931 6438 or emailing us at support@DatebyBrand.com. We will provide you with a refund within 30 days of your notice. However, if you choose to access the Site during the seven day cooling off period, then you are electing to commence the Service immediately and will no longer have a right to terminate your Subscription during the cooling off period.
You may terminate your Membership or Subscription with us by requesting a cancellation of the Service by calling our helpline number on 020 7931 6438. This must be done before your renewal date in order to ensure the automated re-billing process is stopped. A request for termination under this clause does not give rise to any refund.
We may immediately terminate your Membership, Subscription and your access to the Service if you breach the Terms and will send you notice of termination at the email address you provide in your application for Membership or such other email address as you may later provide to us. If we terminate your Membership or Subscription because you have breached the Terms, we will refund any pre-payments made by you less any reasonable costs and losses we have incurred. In addition, we can terminate your Membership or Subscription at any time by giving you reasonable advance written notice.
7. Gifts and Credits
New feature to be made live July 2013.
8. Intellectual Property Rights in the Site and technical use of the Service
All copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore ("Intellectual Property Rights") in the Site belong to and vest in us, or are licensed to us, unless otherwise specified. All such rights of DatebyBrand are hereby asserted and reserved.
By way of example and without limitation, you shall not:
use any or all of the Site or the information contained therein for any purpose other than the permitted use set out above or hack, attempt to hack, distribute, modify, transmit, re-use, or re-post the same for any reason;
make any public or commercial use of the Site without our prior written consent;
provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection to the Site for profit or gain or to avoid payment (by you or others) without our prior written permission;
display, publish, copy, print, post, modify or otherwise use the Site and the information contained in it for the benefit of any third party or web site without our prior written consent;
process or otherwise use the information contained on or within the Site for any illegal or immoral purpose nor use or process the same unfairly;
remove or obscure any copyright notices and other proprietary notices contained on the Site; or
modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
9. Associate Websites
The Service is offered through and accessible through a number of other websites in addition to the Site. By registering with the Site you acknowledge and accept that anything that you post to the site may be searchable and available to users of the Service who access it via different websites from the Site. You further acknowledge and accept that other members of the Service that you may view and communicate with via the Service may have registered with and accessed the Service through a number of different websites.
We make an effort to ensure that Members are not connected with other Members that are likely to be inappropriate and therefore apply classifications to the various websites that provide access to the Service. By registering with the site you acknowledge and accept that we may apply certain classifications to your profile due to your accessing the Service via the Site and may use such classifications to restrict:
the availability of communication between you and other Members;
the availability of the details of other members of the Service to you; and
the availability of your details to other Members.
10. Member Disputes
You are solely responsible for your interactions with our other members. We reserve the right, but have no obligation, to monitor disputes between you and other members.
11. Our Responsibilities
We will endeavour to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We aim to restore the Service as soon as reasonably possible after any suspension.
We reserve the right to make any changes to the Service and the Site from time to time.
Any of the material on the Site may be out-of-date at any given time, and we are under no obligation to update such material.
If we cannot undertake anything because of something beyond our reasonable control (including, without limitation, disputes involving our employees), we will not have any liability in respect of such matter.
12. Proprietary Information
The Service contains information that belongs to our partners, our Members or us. You may not modify, post, distribute or reproduce in any way any such information without having first received the express written permission of the owner of such information.
We do not promise any specific results from use of the Site or the Service. We make no warranties, guarantees or representations as to the quality or fitness for a particular purpose of the Service except that we will operate the Site for the Service with reasonable skill and care of an online service provider.
All other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are hereby excluded.
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed; we do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners, any Member or any other person. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
We are not responsible for the conduct, whether online or offline of our Members. Please use caution and common sense when using the Site and the Service.
Third party websites with links from the Site have not been verified or reviewed by us and use and access of such third party websites is made at your own risk.
The Site is an entertainment service. Your use of this service is entirely at your own risk. You should exercise at least some degree of caution in evaluating what you see when involved in internet communication with people who are unknown to you (such as when you are using message services) and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal. By using this service you accept that any member profiles, messages and communication may not be genuine. That caution is particularly relevant if you are asked your surname, place of work, address or telephone number or if you are asked to arrange a meeting.
14. Limitation on Liability
This clause sets out the entire liability of DatebyBrand (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
any breach of the Terms;
any use made of the Service; and
any representation, statement or tortious act or omission arising under or in connection with the Service or otherwise.
Nothing in this Agreement shall excludes the liability of DatebyBrand for:
death or personal injury caused by DatebyBrand’s negligence; or
fraud or fraudulent misrepresentation.
DatebyBrand shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising.
DatebyBrand’s total liability in contract, tort (including
negligence or breach of statutory duty), misrepresentation,
restitution or otherwise, arising in connection with the performance
or contemplated performance of the Terms or provision of the Services
shall be limited to the aggregate amount of fees invoiced by
DatebyBrand to you in respect of the Service.
15. Modifications to the Terms
We may alter or amend the Terms upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, if you do not wish to continue with the Service, you may terminate your Membership or Subscription upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration or amendment if you continue to use the Service after the relevant period of notice has expired.
If you have any claim or action against any other Member arising from that Member's use of the Site or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action. If a claim or action is brought against us from your activities or use of the Site or the Service, including any breach by you of the Terms or any charges or complaints made by other parties against you, you agree to indemnify us on demand against any liability, cost, expense, fees (including any legal fees) arising directly or indirectly in connection with such claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter at our discretion.
17. Uploading material to the Site
Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you undertake to indemnify us on demand against any liability, cost, expense, fees (including any legal fees) arising directly or indirectly in connection with any breach of that warranty.
Notwithstanding any other Term, any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy or otherwise breaches our acceptable use policy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
We have the right to remove any material or posting you make on the Site for any reason.
18. Viruses, hacking and other offences
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990 and we may report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
19. Links from the Site
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
20. Jurisdiction and applicable law
The Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site, although we retain the right to bring proceedings against you for breach of the Terms in your country of residence or any other relevant country.
We may revise the Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on the Site.
If we do not enforce any provision of the Terms it will not be considered a waiver of any provision or right.
In the event that any part of these Terms is held to be unenforceable, such part will at our option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
It is hereby asserted that the Site and the Service is intended for and directed at the UK and no representation or warranty is made as to whether the Site or the Service complies with the regulatory regime and local laws of any other countries.
23. Contact Information
The Site and the Service is operated by DatebyBrand Limited, a company registered under the laws of England with registration number 7850606, whose registered office is at The Printworks, 4A Blake Mews, 1-17 Station Avenue, Kew Gardens, Surrey, TW9 3GA.
24. Your concerns
If you have any concerns about material which appears on the Site, please contact: Support@datebybrand.com
The Site is operated by DatebyBrand Limited ("we", "us", “our” or "DatebyBrand”). We are registered in England and Wales under company number 07850606 and we have our registered office at The Printworks, 4A Blake Mews, 1-17 Station Avenue, Kew Gardens, Surrey, TW9 3GA.
Your use of the Site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
You may use the Site only for lawful purposes. You may not use the Site:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
to collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
to carry out unauthorised framing of or linking to the Site.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our terms of website use;
not to access without authority, interfere with, damage or disrupt:
any part of the Site;
any equipment or network on which the Site is stored;
any software used in the provision of the Site; or
any equipment or network or software owned or used by any third party;
to allow us to investigate and take appropriate legal action, at our sole discretion, including without limitation, civil, criminal, and injunctive redress; and
not to attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
These content standards apply to any and all material which you contribute to the Site ("contributions"), and to any interactive services associated with it.
The Member grants The Service a license to use the intellectual property rights attached to the content provided by the Member for the purpose of broadcasting on the Website.
This licence in particular incorporates the right for the service to reproduce, represent, adapt, translate, scan, use for publicity purposes, commercial or non-commercial, sub-licence or assign the content concerning the Member (information, images, videos, descriptions, search criteria, etc.) on all or part of the DatebyBrand Services.
The Member expressly authorises DatebyBrand.com to modify this content in order to conform to the look and feel of the DatebyBrand.com Services and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats. These rights are worldwide and exist for the entirety of the agreement set out in these terms and conditions between the member and DatebyBrand.com. 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 use.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
be accurate (where they state facts);
be genuinely held (where they state opinions); and
comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person.
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You may not:
include in your member profile any personal contact information, such as telephone numbers, street addresses, last names, URLs or email addresses; or
engage in advertising to, or solicitation of, other members to buy or sell any products or services through contributions.
We are entitled but not obliged to review and delete any contributions that in our sole judgment violate the provisions of our terms of website use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members.
You are solely
responsible for the contributions that you upload, create, send,
publish or display (hereinafter, "post") on the Site, or
transmit to other members.
We will not be responsible, or liable to any third party, for the content or accuracy of the contributions posted by you on the Site. We reserve the right to disclose your identity to any third party who claims that any contributions posted by you on the Site constitute a violation of their Intellectual Property Rights, or of their right to privacy.
contributions to any public area of the Site, you automatically
grant, and you represent and warrant that you have the right to
grant, to us an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, disclose and
distribute such information and content and to prepare derivative
works of, or incorporate into other works, such information and
content, and to grant and authorize sublicenses of the foregoing for
all purpose connected to operating and promoting the Site and the
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
SAFETY AND SECURITY
Just so you are clear, we do not advise on or broker marriage or other relationships. Nor do we provide internet access or an electronic communication service to the public.
Accordingly, we do not have the legal responsibility or technical means (1) to verify the identity of persons who register as Members or use our Services or (2) to verify or monitor Member Content (although we do reserve the right to monitor if we think it appropriate in order to investigate potential breaches of our terms and conditions or to protect us or others). You should not assume that any Member Content is accurate and be aware that a person may not be who he or she claims to be. We cannot be liable for false or misleading statements by Members as these are matters outside our reasonable control. You must take appropriate steps to investigate Member Content if you intend to act on it.
When arranging to meet another person through use of the Services, you must take appropriate precautions and follow the safety guidelines in our FAQs. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.
You must take reasonable care to protect and keep confidential your password and other account or identity information. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a username or password. In such case you should immediately amend your password, using the Services.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Site.