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Effective URL: https://wellhello.com/terms
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Effective URL: https://wellhello.com/terms
Submission: On July 16 via api from BE — Scanned from DE
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TERMS OF USE WellHello Terms and Conditions of Use Effective date: May 15th 2023 Welcome to wellhello.com! The site wellhello.com is maintained as a service to our users. By using wellhello.com you agree to comply with and be bound by the following terms and conditions of use. PLEASE REVIEW THE BELOW CONTENTS CAREFULLY. You acknowledge and agree that users of wellhello.com may be part of an online community that includes other websites owned by the Company, its Affiliates or other business partners (all together, the “Affiliate Websites”) and, therefore, with your consent, we may use your profile on wellhello.com to populate registration and profile information on the Affiliate Websites. 1. Legal Agreement These Terms and Conditions of Use (the “Agreement” or the “Terms”) are a legal agreement between you and Morganite Ltd. (hereinafter referred to as “Website Owner”, “Company”, “us”, “we”, “our”, as context may require), the owner and developer of wellhello.com (hereinafter, the “Site”). MORGANITE LTD. IS A CYPRUS ENTITY, LOCATED AT OFFICE 101B, TRIBUNE HOUSE, SKOPA STREET 10, AG., OMOLOGITES, P.C. 1075, NICOSIA, CYPRUS. By viewing, accessing, using and/or registering for any service provided on the Site you become a user (“User” or together with others “Users”) and you agree to be bound by all of the terms set forth in this Agreement as long as you remain a User. Furthermore, in order to participate in or receive certain features, you may be subject to additional contractual terms and conditions (“Additional Terms”), which Additional Terms will be accessible to you on the Site or presented to you as Additional Terms when you sign up or access such features. Any such Additional Terms shall be incorporated into and form part of these Terms. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY OF THE SITE’S SERVICES. BY VIEWING, ACCESSING AND/OR USING THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN ALWAYS BE REVIEWED BY GOING TO WELLHELLO.COM AND CLICKING ON THE “TERMS AND CONDITIONS” SECTION. THE WEBSITE OWNER RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU. ACCORDINGLY, YOU SHOULD REVIEW THE TERMS PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. YOUR CONTINUED USE OF THE SITE AFTER ANY CHANGES HAVE BEEN MADE TO THE TERMS SIGNIFIES AND CONFIRMS YOUR ACCEPTANCE OF ANY SUCH CHANGES OR AMENDMENTS TO THE TERMS. 2. Description of Service The Site makes available a collection of resources, including exclusive membership eligibility to third party products and services, to its registered Users as the service (hereinafter, the “Service” or “Services”). Please note that eligibility to third party products and services is not mandatory and the offers change on a regular basis, they are only available for a limited amount of time and they are subject to the third party terms and conditions. The Services include, among other things, user profiles, tools for communicating with other users, and access to exclusive offers, services and / or content provided by us and / or our Affiliate Websites. Registered Users can create Content (as defined by Section 7 below), and read other User's Content. Non-registered users can only browse a limited Content. In the future, we may offer additional or different Services, change the Services, or cease offering some or all of the Services with or without notice. You understand that you may receive business-related communications from the Site such as Service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. As a User of the Service you also understand and agree that the Service will also include advertisements and promotions from us and Affiliate Websites, for the purposes of which you will be contacted by electronic means. You agree that such communications are not "unsolicited commercial email advertisements" and, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that advertiser. You agree that we shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service. THE SERVICE IS PROVIDED "AS IS" AND THE SITE ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, THE SITE PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION. Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new Site properties, are subject to the then current Terms. All Users must abide by the Terms. If a User fails to follow any of the guidelines and/or rules of behavior, the Site can discontinue their ability to use the Site at any time. In addition, we have the right to delete any piece of Content, and provide comment on any topic or profile we find objectionable in our reasonable discretion. YOU MAY ONLY USE THIS SITE FOR PURPOSES EXPRESSLY PERMITTED BY THE TERMS. Therefore, as a User, you agree to the following: * PERSONAL NON-COMMERCIAL USE ONLY: The Site and Services are intended for the lawful, personal and non-commercial use of its Users. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Site including, without limitation, by way of submitting a virus to the Site, overloading, flooding, spamming, mail bombing, performing denial-of-service attacks or crashing; (iv) doing any advertising or soliciting any other user to buy or sell any products or services through the Site or Services, including sending unsolicited email with promotions and/or advertising of your or third party products or services; (v) commercially exploiting the Site or the Services, the Content or any portion thereof in any manner unless expressly authorized to do so; (vi) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Site or Service (either directly or indirectly through use of third-party software); (vii) framing or embedding any trademark, logo, or other content on the Site for display on some other website without our permission; (viii) using (or attempting to use) any engine, software tool, agent, or other device or mechanism, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site, the Service or its Contents; (ix) modifying, adapting, creating derivative works, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, scraping or otherwise disassembling any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so. Any commercial user shall be a material breach of these Terms and, as such, expressly acknowledge that they are not actual Users of the Site as it is intended. Each and every commercial use of the Site in violation of this Agreement shall be subject to a US$100,000 -penalty for damages as liquidated damages for such breach. You acknowledge that any commercial use of the Site, the Service or its Content will cause harm in an amount that would be extremely difficult to ascertain and that US$100,000 for each and every commercial violation is a reasonable estimate of such harm. * NO ESCORTING, PROSTITUTION AND HUMAN TRAFFICKING RELATED ACTIVITIES: USING THE SITE AS AN ESCORT OR PROSTITUTE OR USING THE SERVICES TO PROMOTE, SOLICIT, OR ENGAGE CLIENTS FOR AN ESCORT OR PROSTITUTION SERVICE, OR TO ENGAGE OR FACILITATE HUMAN TRAFFICKING OF ANY KIND, INCLUDING PAST ESCORT ACTIVITIES OR AFFILIATION WITH AN ESCORT SITE OR SERVICE IS STRICTLY PROHIBITED AND IF SO DETECTED MAY CAUSE THE LIFETIME BAN OF THE USER TO USE THE SITE AND A POSSIBLE REFERRAL TO LAW ENFORCEMENT OR OTHER RELEVANT AGENCIES. * NO UNDERAGE AND / OR MINOR EXPLOITATION: POSTING OR SENDING MATERIAL THAT EXPLOITS PEOPLE UNDER THE AGE OF 18, OR SOLICITS PERSONAL INFORMATION FROM ANYONE UNDER 18, FAILING TO REPORT KNOWLEDGE OF A PERSON UNDER THE AGE OF 18 TO THE SITE, OR CONTINUING TO USE THE SITE TO INTERACT IN ANY WAY WITH ANYONE YOU KNOW OR BELIEVE IS UNDER THE AGE OF 18 IS STRICTLY PROHIBITED. ANY VIOLATION OF THESE PROHIBITIONS WILL RESULT IN TERMINATION OF YOUR MEMBERSHIP, BEING BANNED FROM THE SITE AND POSSIBLE REFERRAL TO LAW ENFORCEMENT OR OTHER RELEVANT AGENCIES. Additionally, as a condition of your use of the Site, you represent and warrant to us that you will not use the Site and / or any Service for any purpose that is unlawful, offensive, and/or prohibited by this Terms. Last but not least, you expressly understand, acknowledge and agree that the Site may create and maintain some AI profiles on the Site in order to keep a continuous level of interactions during low attendance hours. Indeed, some Users of the Site may actually be created by the Company and, therefore, the information, text, and pictures contained in these AI profiles do not pertain to any actual person, but may be included for entertainment and educational purposes only (life events, experiences, interests, and geographic locations are all fictitious and nothing contained in any such company-managed profiles or messages is intended to describe or resemble any real person - living or dead). Any similarity between company-managed profile descriptions or images and any person is purely coincidental. Messages sent from our company-managed profiles may be automatically generated with no human involvement, and/or may be generated by third parties hired or contracted by us. You expressly authorize the Company to utilize such profiles in order to enhance your experience on the Site, collect data regarding User preferences and experience, and evaluate User compliance with our Terms. Please note that such company-managed profiles are identified by a green dot containing a white heart icon. 3. Intended Audience i. This Site is intended for adults only. This Site is not intended for any children under the age of 18. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS, VIEW AND USE THE SERVICE. IF YOU ARE NOT 18 YEARS OLD, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN. ii. By requesting to use, registering to use, and / or using the Services, you represent and warrant that YOU HAVE NEVER BEEN CONVICTED OF A SERIOUS OR VIOLENT FELONY AND / OR ARE NOT REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENT ENTITY. iii. YOU MAY NOT ACCESS THE SITE OR THE SERVICES FROM ANY JURISDICTION WHERE DOING SO WOULD OR COULD BE CONSIDERED A VIOLATION OF ANY LAW, REGULATION, OR COMMUNITY STANDARD. You are responsible for determining whether the use of the Site and / or the Services is legal in your jurisdiction. iv. YOU MAY NOT USE THE SITE IF YOU ARE A SPECIALLY DESIGNATED NATIONAL, OR AN OFFICER, DIRECTOR, SHAREHOLDER, EMPLOYEE, OR AGENT OF A SPECIALLY DESIGNATED NATIONAL OR A RESIDENT IN ANY SANCTIONED TERRITORY (INCLUDING THOSE DEFINED AND DETERMINED BY THE U.S. TREASURY DEPARTMENT’S OFFICE OF FOREIGN ASSETS CONTROL (“OFAC”) AND OTHER RELEVANT AUTHORITIES IN YOUR JURISDICTION). A current list of Specially Designated Nationals can be found here (the “SDN List”). You warrant and represent that you (i) are not a Person included in the SDN List with which a U.S. Person cannot deal with or otherwise engage in business transactions, (ii) are not a Person who is otherwise the target of U.S. economic sanctions laws such that a U.S. Person cannot deal or otherwise engage in business transactions with such Person or (iii) are not controlled by (including without limitation by virtue of such person being a director or owning voting shares or interests), or acts, directly or indirectly, for or on behalf of, any person or entity on the SDN List or a foreign government that is the target of U.S. economic sanctions prohibitions such that the entry into, or performance under, this Agreement or any other related document would be prohibited under U.S. law. 4. Registration and Membership In order to use certain features of the Service you are required to register. We refer to registered users as “Members". Members are subject to the following specific terms in addition to all of the other terms in this Agreement: i. Registration Obligations. Membership is required to use most functions on the Site. To become a Member, you must provide the following information ("Registration Data"): a. Email Address. You agree that the Registration Data you provide: (i) is true, accurate, current and complete, and (ii) will be maintained and updated by you to keep it true, accurate, current and complete. We reserve the right to suspend or terminate your use of the Site and refuse your current and / or future use of the Services (or any portion thereof) if we, in our sole discretion, determine that any of your Registration Data is inaccurate or incomplete. b. Account Security. You will obtain a username and password upon completing the registration process for the Site. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities, charges and / or liabilities that occur under your username and password or account number whether or not authorized by you. You will immediately notify us of any unauthorized use of your username or any other breach of security. You acknowledge that the Company is not responsible for third-party access to your account information or personal information that results from voluntary distribution or theft or misappropriation of your username or password or personal information. We will not assume liability for any loss or damage arising from your failure to comply with this section. You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death or disability and/or termination of account for any reason. ii. Premium Membership. Use of most Services requires a premium membership. Members who purchase Premium Membership (“Premium Users") are responsible for paying periodic membership fees as described on the applicable sign-up page(s). We reserve the right to change membership prices and offer Premium Memberships at different price points to our Users. Payment terms are provided at the time of sign-up. Upon subscribing as a Premium User, you hereby authorize the Site and/or its payment processing agents or other authorized agent to charge your credit card (or other approved payment facility) for periodic recurring subscription fees according to the then-current billing terms for the Service. All charges will appear on your credit card statement according to these Terms or will indicate the Site’s payment processing agent. You hereby further authorize the company and / or its payment processing agent to charge your credit card (or other approved payment method) for any and all purchases of products and services made by you in the Site. WE RESERVE THE RIGHT TO CHANGE OUR FEES AND BILLING METHODS AT ANY TIME, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT OR SERVICES OR CHANGES TO SERVICES ASSOCIATED WITH VARIOUS MEMBERSHIP OPTIONS, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING. WE MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR MEMBERSHIP. YOUR CONTINUED USE OF THE SITE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO FEES AND/OR BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. Unless otherwise stated in specific terms applicable to each Premium Membership, Membership fees are non-refundable, and you agree that all payments made on the Site are final. Therefore, YOU AGREE THAT ALL PURCHASES ARE FINAL. FOR RESIDENTS OF THE EUROPEAN UNION WHO MAY HAVE THE RIGHT TO WITHDRAW FROM DISTANCE PURCHASES, SUCH RIGHTS ARE LOST UPON THE COMPLETION OF YOUR PAYMENT DUE TO THE PERSONALIZED NATURE AND IRREVERSIBLE DELIVERY OF THE CONTENT AND SERVICE, WHICH YOU ACKNOWLEDGE AND ACCEPT EXPRESSLY WHEN COMPLETING YOUR PAYMENT. You agree that should you have any issues relating to your payment, you will open a support ticket through the Site’s customer service to resolve the issue before taking any other action. In order to provide continuous service, the Site provides for automatic renewal. Thus, the Site has the right to automatically renew your membership from month to month. UNTIL TERMINATED, THE SITE MAY AUTOMATICALLY RENEW ALL PAID MEMBERSHIPS UPON THEIR EXPIRATION. After your initial subscription commitment period, and again after any subsequent subscription period, your membership will automatically continue for an additional equivalent period. By entering into this Agreement, you acknowledge that your membership will be subject to these automatic renewals. Premium Users paying for their subscription via credit card may be subject to a preauthorization, which is not a charge to the credit card. The then applicable monthly subscription rate may be reserved against the Premium User's available credit card limit. The Site will not be held responsible for bank charges, fees or penalties due to overdrawn or delinquent membership accounts. For Premium Users using prepaid cards which cannot be preauthorized for the full applicable monthly rate, may be charged incrementally (i.e. multiple charges for less than the full applicable monthly rate may occur within the same monthly billing cycle and a prorated access period to the Site may be granted). Additionally, you are informed and agree that the Site might use "Capture and Release" (this is, the process by which payments are secured once the payment has been authorized) regarding some of the payments, in particular, for initial purchases. In order for a payment process to be complete when a credit or debit card is being used as the method of payment, the card must first be authorized. This step of authorization takes seconds and will allow the merchant to know that there are sufficient funds to complete the transaction. When using a credit or debit card as a payment method, the money will not leave the account instantly, but instead will be reserved for the transaction that has just been completed. Once a payment has been captured, your internet banking statement will show the amount that was captured for the purchase as a pending credit/ debit transaction and the funds in the bank will not be available to spend elsewhere. iii. Trial and Monthly Membership. Please note that certain payment methods and / or cards may NOT be eligible for a trial subscription. Should you access the Site on the basis of a trial membership, be advised that all trial memberships will automatically become a regular monthly membership subscription at the end of the trial period unless you cancel your membership before the end of the trial period by using the online tools and instructions provided by our payment processing agent(s) or contacting the Site’s customer service here.The Site reserves the right to determine which content may be accessible to trial subscription members. Trial membership content access may be limited so to receive full access to the Site and all its content and features, it may be necessary to upgrade the trial membership to a full price site subscription. iv. Reinstatement. Users that have cancelled their subscription may automatically and immediately reinstate their Premium Membership at a discounted price by clicking on the “Get Started”, “Upgrade Now” or analogous button appearing within their members area. Should you decide to reinstate your account, please note that similarly to your initial subscription all fees are non-refundable, and you agree that the payment made on the Site is final. v. Cancellation. You may request the cancellation of your Premium Membership by sending us a written request within the cancellation period (“Cancellation Period") corresponding to the cycle of your membership to ensure that you will not be charged for your next membership cycle. Please note that the Cancellation Period starts on the day of upgrade to your Premium Membership and it shall end twenty-four (24) hours before the expiration of your Premium Membership. We kindly ask you to send your request to support@wellhello.com or through this form. Please note that cancelations are only possible with effect from the end of each membership cycle. Additionally, please note that the cancellation of your Premium Membership does not imply the unsubscription from marketing and promotional email. If you no longer wish to receive marketing and promotional emails you can contact us at support@wellhello.com. vi. Refunds. Due to the nature and mode of delivery of the content and Services, all purchases are non-refundable. However, please note that refund requests may be granted only in exceptional cases. For instance, upon termination or suspension of your account, all prepaid fees may be forfeited at our sole discretion. vii. Fees and charges. You agree to pay and/or have paid all fees and charges incurred in connection with your membership to the Services (including any applicable taxes) at the rates in effect when the charges were incurred. If we are unable to process any payment, a convenience fee of up to $3 will be charged. We may change the fees and charges in effect for using the Service and may conduct changes on the Site from time to time. You also are responsible for any fees or charges incurred to access the Service through an internet access provider or other third party service, including but not limited to telephone charges. viii. Virtual currency and items. In the Service, you may be provided and/or purchase with “real world” money a limited, personal, non-transferable, non-sublicensable, revocable license to use (i) “virtual currency”, including but not limited to virtual “coins” and/or “tokens”, solely for use in the Service, and (ii) “virtual items” (together with “virtual currency”, “Virtual Items”). You are allowed to purchase Virtual Items through the Service, and not in any other way. We may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice and we may update the pricing of Virtual Items at any time at our sole discretion. We may also add new Virtual Items for additional fees. We may have no liability to you or any third party in the event that we exercise any such rights, The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to us, other users and/or any third party. Unless expressly indicated, Virtual Items have no cash value and may not be redeemed for cash or converted to other Services. You expressly acknowledge and agree that any and all Virtual Items expire after 3 months. 5. Rules of behavior * You will not post on the Site, transmit to other Users, or otherwise engage in any activity on the Site or through the Services that: * solicits from or offers to other Users any escort, prostitution or similar services (including any sexual act in exchange of compensation), or promotes or engages any services that may relate to human trafficking; * solicits or offers content, materials or otherwise related to minors and underage; * intends to recruit any person and / or User for pornography, modelling, or escort sites or brothels; * promotes racism, bigotry, or hatred against any group and / or individual; * threatens physical harm to any individual and / or group of individuals; * is meant to or has a tendency to (sexually or otherwise), abuse, defame, harass, annoy, threaten, stalk or intimidate, or otherwise violate the legal rights of any other User(s) or others; * purports to give any legal, medical, or other form of professional advice; and / or * is off-topic, meaningless, or otherwise intended to annoy or interfere with another User’s enjoyment of the Site. * You will not include in your profile any telephone numbers, street addresses, email addresses, other personal contact information, your last name or any URLs. * You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, screen names, and/or any other content you post to the Site. You agree to use the Service to post and receive communications and Content that are legal, proper and allowed as per the Terms. * You must not violate the privacy or publicity rights of others. * You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group). * You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind (such as gambling, instructions on how to make or buy illegal weapons or drugs, etc.). * You must not post, upload or link to anything that could potentially exploit or harm children or information which in any way could cause damage, injury, or harm of any kind. * You must not post, upload or link to anything that discloses your own and / or another person’s personal information or harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind. * You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services and / or asking to send money) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose, including but not limited to promotion and / or solicitation of involvement and / or support of a political platform, religion, cult or sect. * You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally. * You must not impersonate another person, group of people, or entity at any time, which includes not using anyone else's username or password. * You must not use the Site Service for any illegal, immoral, or unauthorized purpose. * You must abide by all applicable Federal, State and local laws. You must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to your country or residence. * You cannot modify, edit, or delete any Content and communications of the Site and/or of other individuals other than your own Content. * You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device. * You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service. * You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through this website. * You must not interfere with or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service. * You cannot create member accounts under any false or fraudulent pretenses (including by automated means). * You must not state or imply that any of your submitted and or posted Content is endorsed by the Site or any affiliate thereof. * You must not retrieve, store or collect personal information about any User for any unauthorized purpose, and may not retrieve, store, or collect personal information about any User for any valid purpose without such user’s prior written consent in each instance. * You must not engage in any "spamming" of any kind, including without limitation ad spamming. * You cannot use the Site name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that the Site is associated with, or endorses, or is in any way connected with you or your Content. * You cannot use the Services in order to damage the Company or any related websites, affiliates, and / or subsidiaries. WHILE THE SITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT THE SITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY US IN WRITING. YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, WE CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING. YOU MAY REPORT ANY USER THAT YOU BELIEVE IS IN BREACH OF THE TERMS HERE. 6. Banned Users The Site reserves the right to temporarily or permanently ban any users who violate the Terms or any other relevant laws and / or regulations. Banned users may not use or continue using the Site or the Services. As indicated in Section 4 above, fees are-non refundable, and you agree that all payments made on the Site are final. You agree that should you have any issues relating to your payment, you will open a support ticket through the Site’s customer service to resolve the issue before taking any other action. Should a dispute arise after contacting our customer service, you agree that, due to your “banned” status, you will be held responsible for any outstanding balance to us plus any surcharges that may arise out of the bank dispute, such as case fees or chargeback fees. You agree that you will pay any outstanding balance within thirty (30) days from the date of your account being banned. If an account is banned for alleged minor-related activity (this is, because there is proof or suspicion that a minor might have been the person registering), please note that a refund will be issued immediately upon discovery or suspicion of such circumstance. 7. Content The Site is composed of the Site content and the underlying software of the Site (including without limitation: the structure, layout, design, look and feel, and functionality of the Site). The Site is a copyrighted work owned by the Site and / or its licensors. You agree that the Company and the Site have the right (but not the obligation) to monitor, access, rearrange, modify, and remove or restrict access to any Site content, including any user’s Content, at their own discretion and without compensation to you. Without limiting the foregoing, you agree that the Site may (but shall have no obligation to) remove or restrict access to any Content that violates this Agreement, the law, or that the Site believes is otherwise objectionable, for any reason or no reason, at its sole discretion. In consideration of your agreement to the Terms, and subject to your compliance with them, the Site grants you a personal, non-exclusive, non-assignable and non-transferable license to use the Site solely as permitted under this Agreement. As a registered user, you will be able to upload and post a great variety of materials and information, including but not limited to text and photographs ("Content"). This means that you have sole responsibility, not the Site, for all of the Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the rules of behavior set herein relating to such Content. Any Content that you write, post, upload or link to on the Site is entirely your responsibility. We shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Site Members or otherwise created, distributed and displayed on any part of the Service. As indicated above, the Site does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. The Site does not own any of the Content you post. By posting Your Content on the Site or as part of the Service, you automatically grant to the Company an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to: (i) use, reproduce, store, perform, communicate to the public, display, make available, record, play, adapt, modify and distribute Your Content, by any electronic and printed means, or as otherwise considered appropriate by Company; (ii) prepare derivative works of Your Content or incorporate Your Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created, to the broadest extent permitted by law. The Site reserves the right to exploit or promote this Content in connection with the promotion of the Service and other services offered by us. You agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service, subject to all applicable laws. The Site shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless defend, and indemnify us with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. The Site will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing other than as may be specifically required by law. We may preserve and store your account information and Content if we believe in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of the Site, its users and the public. 8. Intellectual property The Site respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, the Site may, but is not obligated to disable, suspend and terminate the accounts of Members who may be infringing on the rights of others. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact us as soon as practically possible here or click on the DMCA link at the footer of this page. We have adopted a firm policy regarding termination of repeat copyright infringers. A copy of the policy is available upon written request to our users. 9. Practices regarding use and storage You acknowledge that the Site may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of email messages which may be sent or received from an account of the Service, the maximum amount of disk space that will be allotted on the Sites servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that the Site has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that the Site reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that the Site has the right to modify these practices and limits from time to time. 10. Privacy Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy here. Notwithstanding anything on the contrary under the Site’s Privacy Policy, you acknowledge that (i) your profile may be utilized and displayed on other network sites operated by the Company or authorized third parties; (ii) Company may make your profile available on such other network sites; and (iii) any contact information provided by you to the Site, including any email addresses, may be shared with our affiliates, partners and independent contractors, for purposes of receiving electronic messages and promotions in relation with the Site, the Services, the Company or from any such third party entities now and in the future. Notwithstanding the preceding, users may personalize their preferences by accessing their account settings. Furthermore, you understand and accept that (i) when you attempt to contact other users, these users may find amusement in your profile or communications; (ii) no communications between you and other users is private, even if the user profile to which you respond is created by us. You hereby release us and all other users of the Site from any liability for invasion of privacy, defamation, false light, and related torts, in the event that your communications or profile are made public - even if they are made public for the sole purpose of amusing others at your expense. Last but not least, you acknowledge and agree that we may disclose information you provide if required to do so by law, or if we, in our sole discretion, believe that disclosure is necessary to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend our rights or property, or those of a third party; or (iii) protect someone's health or safety, such as when harm or violence against any person is threatened. 11. Mobile Services The Services may include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. We may share your phone number with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. 12. Trademarks, Ownership, Copyrights, Licenses WellHello and others are either trademarks or registered trademarks of Morganite Ltd. Other product and company names mentioned on this Site may be trademarks of their respective owners. The Site and Website Owner own and retain all proprietary rights to the Site service and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of the Site and Website Owner. By posting information to the Site and Website Owner you represent that you have the right to grant permission for use by the Site and Website Owner. 13. Use of information Morganite Ltd. reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. 14. Links The Service may provide, or third parties including the Site members may provide, links to other websites or resources, which are not maintained by or related to us. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with the Site. The Site has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that the Site is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Site is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF THE SITE REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, THE SITE HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU. 15. Limitations of Liability and Indemnification BY USING ANY SERVICES PROVIDED BY THE SITE, YOU AGREE THAT, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SITE, WEBSITE OWNER, ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (I) USE OF THE SITE OR SERVICES BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED VIA THE SITE, (ii) ANY USE OR INABILITY TO USE THE SITE OR THE SERVICES FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE, (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (iv) RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS IN THE SITE OR THROUGH THE SERVICE. YOUR SOLE REMEDY FOR ANY DISSATISFACTION, BREACH OR DEFAULT OF THIS AGREEMENT BY THE SITE OR WEBSITE OWNER SHALL BE TO CEASE ALL OF YOUR SITE USE AND, IF APPLICABLE, A RETURN OF ANY FEES PAID TO THE SITE OR WEBSITE OWNER FOR ANY SERVICES PROVIDED UNDER THIS AGREEMENT. YOU WILL INDEMNIFY AND AGREE TO DEFEND AND HOLD HARMLESS THE SITE, WEBSITE OWNER, ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES AND THIRD PARTIES FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING BUT NOT LIMITED TO COURT COSTS, LEGAL FEES, AWARDS OR SETTLEMENTS) RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING ANY BREACH BY YOU OF THE TERMS CONTAINED IN THIS AGREEMENT. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. Please note that “Affiliate" means a corporation, partnership, limited liability company, joint venture, association, trust, unincorporated organization, or other business entity that controls, is controlled by, or is under common control of an entity, regardless of whether such control is continuously exercised, and where “control” means that entity possesses, directly or indirectly, the power to direct or cause the direction of the management policies of the other entity, whether through ownership of voting securities, an interest in registered capital, by contract, or otherwise. An entity shall be considered an Affiliate if it meets the foregoing definition as of the effective date of this Agreement, or otherwise meets the foregoing definition at any point during the term of the relationship with you. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE’S AGGREGATE LIABILITY TO YOU UNDER ANY THEORY EXCEED THE SUM OF ONE HUNDRED DOLLARS U.S. OR THE AMOUNT PAID BY YOU TO THE SITE IN CONNECTION WITH THE SITE FROM THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS, WHICHEVER AMOUNT IS LESS. 16. Responsibility for Use of the Site You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the Services provided on the Site. You understand that the Site and Website Owner do not perform psychological testing or background checks on the individuals who may use the Site Services. You understand and agree that you must take all reasonable precautions before meeting others through the Service provided by the Site. The Site grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this website is at the discretion of the Site and Morganite Ltd. may terminate your use of this website at any time. 17. Do Not Rely on Information provided through the Site Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from the Site or Website Owner. The Site and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. 18. Disclaimer THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. MORGANITE LTD., THE SITE AND ITS AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. COMPANY EXPRESSLY STATES – AND YOU ACKNOWLEDGE - THAT YOU ARE NOT GUARANTEED THAT YOU WILL FIND A DATE, A COMPANION, OR AN ACTIVITY PARTNER, OR THAT YOU WILL MEET ANY OF OUR MEMBERS IN PERSON. SPECIFICALLY, THE SITE AND WEBSITE OWNER DO NOT WARRANT THAT THE SERVICE WILL ALWAYS BE AVAILABLE, BE UNINTERRUPTED, BE ERROR FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT THE SITE AND THE SERVICES ARE PROVIDED FOR AMUSEMENT AND ENTERTAINMENT PURPOSES ONLY AND THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, NEITHER THE SITE, ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE OR THE SERVICES, WILL MEET YOUR REQUIREMENTS OR WILL BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SITE OR THE SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED, OR THAT THE SITE OR SERVICES WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE OR SERVICES, SPECIFICALLY INCLUDING MATERIAL IN USER PROFILES; AND (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SITE AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE THE SITE AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE AND THE SERVICES, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF THE SITE OR ITS AFFILIATES. THE SITE MAKES NO CLAIM THAT THE SITE OR THE SERVICES ARE APPROPRIATE OR LEGALLY ACCESSIBLE FROM ALL LOCATIONS AROUND THE WORLD. IF YOU ACCESS THE SITE YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY, OR YOUR CONTENT THAT RESULTS FROM YOUR USE OF THE SITE OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. 19. Offensive Information and Right to monitor It is possible that other Site users will post or send obscene or offensive materials on the Site or to you via email. It is also possible that by using your email address, other people may, through other means outside the control of the Site, have access to personal information about you. The Site, Website Owner, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you. The Site and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Site. 20. Confidentiality It is agreed that all personal information given to the Site or Website Owner, will be kept confidential by the Site and Website Owner, with the following exceptions: (1) basic biographical information (i.e. age, gender) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; and / or (3) you have harassed another person via any Service provided by the Site and / or abuse the Service itself, in which case the confidentiality clause contained in this Agreement is rendered null and void. 21. Severability If any provision is found to be invalid or unenforceable for any reason, such provision will be reformed only to the extent necessary to make it valid / enforceable, and the remaining provisions will continue to be in full force and effect. 22. Certification and Compliance with Laws You certify that you are at least 18 years of age, that you meet all the requirements indicated in Section 3 above, and that your answers to the registration form on the Site will be truthful. In accessing and using the Site, you understand and agree that basic information concerning you, given to the Site, will be published on the website for others to view along with your User ID. Your e-mail address is kept confidential, except where provided above. You agree to comply with all applicable laws regarding your use of the Site. 23. Entire Agreement This Agreement constitutes your entire Agreement with the Site and Website Owner with respect to any Services, and supersedes any other oral or written communications regarding the subject matter herein. Any rights not expressly granted herein are reserved. 24. Termination Morganite Ltd. may terminate this Agreement at any time, with or without notice, for any reason. You agree that we may, under certain circumstances and without prior notice, immediately terminate your Site account, any associated username and/or access to the Service. Cause for such termination shall include, but is not be limited to:(i) a breach or violation of the Terms or other Site policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in our sole discretion and that we will not be liable to you or any third party for any termination of your account, password, username, deletion of Content and/or access to the Service. Indeed, your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from the Site to effectuate such termination. Additionally, we reserve the right to terminate this Agreement at any time and may provide notice of such termination through means including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination. Upon termination or suspension of your account (even if initiated by you), you must stop using the Site and you will not be entitled to any refund of unused subscription fees. If your membership is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except any terms that by their nature expire or are fully satisfied. If you deactivate your account, or If we terminate it as indicated above, we may still retain certain information associated with your account for analytical purposes and record-keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of the Site or its users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in these terms and under our Privacy Policy, retention of that information will be subject to those third parties’ policies. 25. Relationship of the Parties Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. 26. Disputes, applicable law and jurisdiction This Agreement or any dispute arising from this Agreement is governed by the laws of the Republic of Cyprus, without regard to provisions of conflicts of law. Any dispute, controversy, or claim arising from or related to this Agreement, or the breach, termination or validity thereof, shall be submitted exclusively before the competent courts of Nicosia, Cyprus, and you hereby consent to the jurisdiction of any such court. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 27. Jury Trial and Class Action Waiver You hereby waive, to the fullest extent permitted by applicable law, any right you may have to a trial by jury in respect to any litigation, directly or indirectly, arising out or relating to this Agreement or any transaction contemplated by this Agreement. Additionally, you agree that any dispute between you and the Site relating to the Site, the Services, or this Agreement must be individually resolved and that you will not join or consolidate your claim with claims of other users, you will not litigate any claims as a representative or member of a class or in a private attorney general capacity. 28. Feedback Any communication you send to us, including feedback data, such as questions, comments, or suggestions regarding the Site (collectively "Feedback"), is non-confidential, and may be used by us for purposes including but not limited to developing, manufacturing and marketing products incorporating such Feedback, without notice or compensation to you. By submitting such Feedback, you grant the Site a perpetual, royalty-free worldwide license to use such Feedback across any medium. 29. Notices All written notices to the Site should be communicated by contacting us here or by visiting the Contact Us page found via link in the Site’s footer. The Site may provide you notices of changes to this Agreement or other matters by displaying notices to you on the Site, via email, or other reasonable means of communication. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner or providing inaccurate or false information. You agree that you shall be deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner. If we choose to notify you by email, each such notification shall be and shall be deemed received by you immediately after being sent to the email address you have provided us, even if (i) your email notification is filtered as spam, junk, bulk, or other undesirable or low-priority message and is not displayed in your email inbox; or (ii) you do not actually read it for any other reasons. You agree to notify us immediately of any change in your contact details, including your email address. You can do so by contacting us here. 30. Non-Waiver The failure of the Site, Website Owner, its assignees or its successors, or any providers of the Site content to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, and shall not preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s). Any waiver of this Agreement by the Site or Website Owner must be in writing and signed by an authorized representative of the Website Owner. In the event of any conflict between the Terms and any other document or statement made by the Site, this Agreement shall prevail. If you have any questions regarding the Terms, please contact us here. YOUR PRIVACY IS IMPORTANT TO US We want to make sure you have read and understand our Terms and Conditions and our Privacy Policy. If you agree please click on the "Continue" button. 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