September 28, 2014
IMPORTANT LEGAL NOTICE.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS GOVERN YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED THROUGH THE WEBSITE. THESE TERMS SET FORTH A BINDING AGREEMENT BETWEEN YOU AND JDI Dating Ltd (A UK COMPANY).
YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE TO AGREE TO THESE TERMS.
Acceptance of Terms: These Terms and Conditions of Use ("Terms") constitute a binding agreement (the "Agreement") between you and JDI Dating Ltd (the "Company", "us", "we" or "our"), and govern your use of JDI Dating Ltd’s justhookup.com ("Website") and the content, products and services offered through the Website (collectively with the Website, the "Services"). By accessing, viewing or using any Services, you represent and warrant that you are at least 18 years old and the age of majority and legal consent in the jurisdiction in which you live or reside, and you agree to be bound by and subject to these Terms. You represent and warrant that you have the right, authority and capacity to enter into this Agreement and will abide by all of the Terms and that you are not prohibited by law from using the Services. If you do not agree to these Terms, you should not check or click on, or otherwise agree to, these Terms, and you should immediately leave this page and not access or use the Website or any other Services. Upon our request, you agree to sign a non-electronic version of these Terms. These Terms represent the entire understanding between the parties with respect to the subject matter hereof and supersede all previous understandings, written, oral or implied.
Changes to Terms: THESE TERMS MAY BE AMENDED, CHANGED OR REVISED BY US AT OUR DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME. Such changes are effective for all parties to the Agreement immediately upon posting to this page. Your continued access or use of the Website or any other Services following such changes will be deemed acceptance of such changes. In addition, we reserve the right to modify or cease providing all or any portion of the Services at any time, with or without notice. We indicate at the top of the page when these Terms were last updated. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
Certain Services may be subject to additional contractual terms and conditions applicable to such Services ("Additional Terms"). Additional Terms will be accessible to you on the Website or presented to you as Additional Terms when you sign up for or access such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms.
You are responsible for maintaining the confidentiality of, and restricting access to, your Account (including any associated password, etc.), and you agree to accept sole responsibility for all activities that occur under your Account. You agree to contact our Customer Support Department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create Accounts for quality control, administrative purposes and the use of our Virtual Cupid program as described below. Such Accounts may be publicly viewable.
If you are contacted by an Account and believe such contact to be fraudulent/malicious, please immediately report the matter to our Customer Support Department.
To improve the opportunity to find a dating partner, the Service is offered through and accessible through a number of other websites in addition to the Website. By registering an Account, you acknowledge and accept that all content that you post to the Website may be searchable and available to Members and/or Subscribers of the Service who access the Services via different websites. 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 different website. These websites may include all those operated by JDI Dating Ltd or any subsidiary of JDI Dating Ltd
Assumption of Risk: The Services may not be accessed, viewed or used where prohibited by law. You understand that by accessing, viewing or using the Services, you may encounter content that may be deemed sexually explicit, mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other Members and/or Subscribers in the course of accessing, viewing or using the Services. In addition certain content and materials available on or through the Services are inappropriate for viewing by minors or by persons who do not wish to be exposed to sexually explicit material. Commercially available parental control protections (such as computer hardware, software or filtering services) may assist you in limiting access to material that is sexually explicit or harmful to minors.
YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications and personal interactions with other Members and/or Subscribers (such as dating). It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the Services.
Your Additional Representations and Warranties: For additional clarity, you represent and warrant to us, under penalty of perjury, as follows:
PLEASE NOTE THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR MEMBERS AND/OR SUBSCRIBERS.
Aspects of the Services - Subscription, Product, Credit and Foreign Transaction Fees: Certain aspects of the Services are made available to all Accounts free of charge. Members are only allowed access to this minimal level of the Services and are not charged by us for the use of the Services they can access. Certain other aspects of the Services are paid features, which incur a Product Fee and/or Credit Fee as described below, for which a Member and/or Subscriber can participate. Certain other aspects of the Services are subject to Subscription Fees as described below, for which only Subscribers can participate. However, in certain situations, aspects of the Services made available to Subscribers may be free of charge to Members.
Renewal: In order to provide Subscribers with continuous access to the Services, we automatically renew all Subscription Fees for the Services (the "Renewal") on the date such subscriptions expire (the "Renewal Date"). If a payment fails we shall reattempt the payment on various days up until thirty-five (35) days after the Renewal Date. Such Renewals shall be (i) for a period equivalent to the period of your initial subscription to the Services or a shorter period of time if specified, and (ii) in our discretion, at the price of the same or comparable Services then in effect. In addition, we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods to you prior to payment of Subscription Fees, upon confirmation of your subscription and in the body of any special promotions that have renewal periods of different duration than the original subscription term. By agreeing to these Terms, you acknowledge that your Account will be subject to the above-described automatic Renewals; this information will also be described in an email confirmation within 10 days of upgrading your account to a Subscriber.
Your non-cancellation or continued use of the Services reaffirms that we are authorized to charge your chosen payment provider. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially upgraded your account to a Subscriber.
Cancellation: In all cases, if you do not wish your subscription to renew automatically, or wish to cancel your subscription for any reason, please contact our Customer Support Department or send an email to email@example.com, with the subject line "Cancel My Subscription". Cancellation of your subscription will not result in the loss or termination of your Account. Please refer to Section 10 – Termination.
Cancellation requests must be made at least forty-eight (48) hours in advance of the Renewal Date to avoid Renewal for the next period.
For security purposes, We reserve the right to request additional information regarding your Account before confirming cancellations. This request will be delivered as both a message to your external email account and an on-site message to your Account.
3-Day Refund Policy (the "Money Back Guarantee"): With respect to Subscription Fees, you, the Subscriber, may cancel your subscription and receive a full refund, without any penalty or obligation, at any time prior to 72 hours following the time the subscription Services are initially activated. For purposes of this subsection subscription Services are initially activated when an Account receives notification of the Subscriber activation via the Website, regardless of whether your obligation of the Subscription Fees has been meet.
Virtual Cupids: The Website encourages Account development and promotes Member and/or Subscriber communications through our Virtual Cupid (VC) services. By accepting these Terms, all Members and/or Subscribers fully understand, accept and agree to the deployment of this service, and acknowledge that some of the profiles and Members and/or Subscribers displayed to them may be fabricated. The VC services may include the posting of information, pictures and communication to the Member and/or Subscriber's profile. The VC may contact both free Members and paid Subscribers via text based communication either within the Website and/or via email. The deployment of our VC services is to encourage broader participation in our services and to educate members regarding the sites various features and communication tools. By accepting these Terms you further acknowledge and agree that any information or pictures displayed to you via a VC's profile does not relate to an actual person but has been provided for the above mentioned reasons. We also reserve the right to utilize VCs within the Website's Services at present and in the future.
PLEASE NOTE THAT EVERY VC PROFILE AND COMMUNICATION CAN BE IDENTIFIED WITH OUR SYMBOL. If a Member and/or Subscriber responds to, or initiates any communications or interactions with our VCs they fully understand, acknowledge, and agree that any response or exchange between the VC and the Member and/or Subscriber will not result in a physical meeting between the VC and the Member and/or Subscriber. Similarly, the Member and/or Subscriber understands that any communications and/or interactions from the VC may be sent to multiple Accounts at the same or similar time(s). Additionally the Member and/or Subscriber understands that they are neither guaranteed a response or interaction with any of our VCs, nor with any other Account.
Third Party Links and Pages; Reliance on Content and Advice:
Proprietary Rights: The content provided through the Services, including but not limited to, the text, data, software, manuscripts, graphics, photographs, music, sounds, videos, interactive features, blogs, posts, feedback, messages, tags and other materials (collectively, "Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All Content is provided to you solely for your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or Content. We or our licensors retain all intellectual and proprietary rights in and to the Services and Content, except as expressly provided herein. No right is granted to you herein to use any Marks.
Content Provided "AS IS"; Access to Content: You understand that Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. We do not control this Content and do not guarantee its accuracy, integrity or quality. All such Content is provided "AS IS" without representation or warranty of any kind. Under no circumstances shall we be liable to you in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content. We claim immunity from liability to the fullest extent permitted by law, and as further provided under the Communications Decency Act, for any Content provided by third parties. Neither our actions nor any provision in these Terms is intended to waive, remove or usurp such immunity.
Non-commercial Use: The Services are made available for your personal, non-commercial use. You will not advertise or solicit any Member and/or Subscriber to buy or sell any products or services through the Services. You may not transmit any chain letters, junk or spam e-mail to any Member and/or Subscriber. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member and/or Subscriber. If you breach the terms of this subsection and/or send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.
Personal Communications and License to Your Content; Right to Block or Remove Content:
Your Conduct: You further agree not to use the Services to:
PLEASE REPORT ANY VIOLATIONS OF THIS SECTION OR THESE TERMS TO OUR CUSTOMER SUPPORT DEPARTMENT.
Member and/or Subscriber Interactions and Disputes:
DMCA Notice: PLEASE CLICK HERE TO REVIEW OUR POLICY.
We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to our Members and/ Subscribers.
Disclaimer of Warranties: THE SERVICES ARE PROVIDED "AS-IS" AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES TO THE FULLEST EXTENT PROVIDED BY LAW, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TO THE EXTENT APPLICABLE LAWS PROHIBIT TERMS FROM DISCLAIMING ANY IMPLIED WARRANTY, SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED BY LAW, AND IF NO SUCH PERIOD IS REQUIRED, THEN THIRTY (30) DAYS FROM FIRST USE OF THE SERVICES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability: IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER MEMBERS" AND?OR SUBSCRIBERS’ CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE AND/OR DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification: You agree to indemnify and hold us, our parent, subsidiaries, and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, contractors, licensors and licensees, harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any third party due to or arising out of your use of the Services or any breach or violation of these Terms.
Choice of Law and Venue: These Terms shall be governed by the laws of England and Wales, without regard to its conflict of laws rules or principles. You agree to exclusive jurisdiction in England and Wales and venue in London, England for all arbitration and other proceedings arising out of these Terms.
Arbitration of Disputes: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM.
Class Action Waiver: IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
Electronic Communications: By using the Services, you consent to receiving electronic communications, e.g., email, from us or our subsidiaries and affiliated entities. These communications will include notices about your Account and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of your Account. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
Severability: If any provision of this Agreement is held to be unenforceable under applicable law, such provision shall be excluded from this Agreement, and the balance of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
Force Majeure: Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party's reasonable control.
Construction: The headings used herein are for convenience only and shall not be deemed to define, limit or construe the content of any provision of these Terms. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of any term hereof. No waiver of a breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless granted in writing and signed by an authorized representative of us at our director level or above.
Limitations of Claims: You agree that any claim or cause of action arising out of or related to these Terms or your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Non-Assignment: You may not resell, assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may resell, assign or transfer our rights and obligations under these Terms at any time without restriction and without notice or consent.
Agreement Binding: This Agreement shall be binding upon the parties and their successors and permitted assignees.
Contact Information: The Website and Service is operated by JDI Dating Ltd, a company registered under the laws of England, whose registered office is Station House, North Street, Havant, Hampshire, United Kingdom, PO91QU.