Terms and Conditions

END USER LICENSE AGREEMENT / TERMS AND CONDITIONS

Introduction

Welcome to www.DatingWithChildren.com (the “Website”). By accessing or using DatingWithChildren.com’s services to include the APP, you agree to be bound by these terms, including our Privacy and Cookie Policies, so it is important that you read this agreement carefully before you create an account. We may update the terms from time to time, so you should check this page regularly for updates

These Terms and Conditions (“Agreement”) are a legal agreement that explains the terms and conditions that all visitors, users, clients, and customers (“You”, or “Your”) must comply with when using the Website. By using the Website, You agree to abide by all of the terms and conditions in this Agreement.

By accessing or using our Services on DatingWithChildren.com (the “Website”), the DatingWithChildren.com and mobile application (the “App”), or any other platforms or services DatingWithChildren.com may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by, these Terms of Use (the “Terms” or “Agreement”). This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

Your use of our Services is also subject to the Privacy Policy, Cookie

Policy, Community Guidelines, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from DatingWithChildren.com (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use our Services.

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately.

This Agreement incorporates Our Privacy Policy and Disclaimer.

These Terms and Conditions outline the rules and regulations for the use of www.DatingWithChildren.com. PLEASE READ THIS AGREEMENT CAREFULLY because it affects Your rights and liabilities under the law. By using or accessing the Website, you confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, you cannot use or access the Website.

These Terms and conditions are governed by the law of Illinois, USA

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1 Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all agreements:

“Account” refers to the account that You have to create in the Website to log in, use, and access some parts of the Website.

“Company,” “Us,” “We,” and “Our” refers to DatingWithChildren.com.

“Content” is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.

“Goods” means all goods that We supply and make available to You as detailed in the Invoice.

“Invoice” is a list of the Goods sent or the Services We provide to You, detailing individual amounts of Goods or Services plus a sum total.

“Party” refers to either You, or Us, or any other party to this Agreement. “Parties” refer to both You and Us.

“Services” refer to any work We perform for You.

“Supply” means to provide the Goods or Services as per the Invoice.

“You” and “Your” refer to the visitor, user, client, customer, or person accessing the Website and thus accepting this Agreement.

“User Content” refers to the content which has been created by Our users.

2 User Rights and Responsibility

2.1 Acceptable use

DatingWithChildren.com will not be held liable should the website be unavailable for any amount of time.
You are responsible for the safety and confidentiality of your passwords and usernames. DatingWithChildren.com has the right to terminate or suspend your username and password should we suspect non-compliance by you.
You are not a minor in the jurisdiction in which you reside; you are over the age of 18 years old in the USA.
You will not use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our express written consent.
The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.
Your use and access of the Website do not include any right of resale or commercial use of the Website or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You must use our website for lawful purposes only.
We encourage a free and open exchange of ideas in a climate of mutual respect. Any action by a user that infringes on another user’s right to use and enjoy the Website is prohibited. We reserve the right, but do not assume any obligation, to monitor Your online conduct to enforce this Agreement.
Before you create an account on DatingWithChildren.com, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant DatingWithChildren.com.
By using our Services, you represent and warrant that:
You are legally qualified to enter a binding contract with DatingWithChildren.com;
You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
You are not on any list of individuals prohibited from conducting business with the United States;
You are not prohibited by law from using our services;
You have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You do not have more than one account on our Services; and
You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, you must immediately delete your account.

You agree to:

Comply with these Terms, and check this page from time to time to ensure you are aware of any change;
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Use the latest version of the Website and/or APP;
Treat other users in a courteous and respectful manner, both on and off our Services;
Be respectful when communicating with any of our customer care representatives or other employees;
Review the Safety Tips;
Review and comply with the Community Guidelines, as updated from time to time; and
Maintain a strong password and take reasonable measures to protect the security of your login information when using our website and APP.

If at any time you cease to meet these requirements, you must immediately delete your account.

You agree that you will not:

Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
Use the Services in a way that damages the Services or prevents their use by other users;
Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
Use our Services for any harmful, illegal, or nefarious purpose;
Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
Post or share Prohibited Content (see below);
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
Use another user’s account;
Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
Violate the terms of the license granted to you by DatingWithChildren.com (see Section 6 below).
Disclose private or proprietary information that you do not have the right to
disclose;
Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without DatingWithChildren.com’s prior written consent;
Express or imply that any statements you make are endorsed by DatingWithChildren.com;
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
Upload viruses or other malicious code or otherwise compromise the security of our Services;
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
“Frame” or “mirror” any part of our Services without DatingWithChildren.com’s prior written authorization;
Use meta tags or code or other devices containing any reference to DatingWithChildren.com or the platform (or any trademark, trade name, service mark, logo or slogan of DatingWithChildren.com to direct any person to any other website for any purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
Use, access, or publish the DatingWithChildren.com application programming interface without our written consent;
Probe, scan or test the vulnerability of our Services or any system or network; or
Encourage, promote, or agree to engage in any activity that violates these Terms.

Prohibited Content – DatingWithChildren.com prohibits uploading or sharing content that:

Is likely to be deemed offensive or to harass, upset, embarrass, alarm, or annoy any other person;
Is obscene, pornographic, violent, or otherwise may offend human dignity, or contains nudity;
Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
Is defamatory, libelous, or untrue;
Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
Involves the transmission of “junk” mail or “spam”;
Contains any spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse, or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from DatingWithChildren.com or otherwise;
Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
Was not written by you or was automatically generated, unless expressly authorized by DatingWithChildren.com;
Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
Is inconsistent with the intended use of the Services; or
May harm the reputation of DatingWithChildren.com or its affiliates.

The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

2.2 Prohibited Use

While using our service the following terms must be adhered to:

to transmit or send unsolicited or unauthorized advertising or promotional material in any form.
Disrupt or attempt to disrupt Our servers in any way that could cause harm to the Website.
Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.
Harass, abuse, threaten, or incite violence towards any individual or group.
in any way that breaks or breaches applicable local, national or international laws or regulations.
in any way which is fraudulent or unlawful.
Hold Yourself out as sponsored by, endorsed by, or affiliated with Us or the Website.
Interfere with any other person’s use of or the proper functioning of the Website.
Misrepresent Your identity or impersonate any person.
Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us.
Provide any information that is false, misleading, or inaccurate.
Use any portion of the Website for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances, and regulations.
Use any portion of the Website for uploading, posting, emailing, transmitting, or otherwise making available User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Use any portion of the Website for uploading, posting, e-mailing, transmitting, or otherwise making available User Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
Use any portion of the Website for uploading, posting, e-mailing, transmitting, or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.

3 Our Content

It is important that you understand your rights and responsibilities with regard to the content on our Websites, APP, and our Services including any content you provide or post within your dating profile. You are expressly prohibited from posting inappropriate content onto our website including within your profile.

Except for User Content as defined in the User Content clause below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Our Content”), are owned by Us, Our licensors, vendors, agents and/or Our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights.

The Website, Our Content, and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.

You will not remove any copyright, trademark, or other proprietary notices from material found on the Website.

Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, You are authorized to view, play, print, and download copyrighted documents, audio, and video found on Our Website for personal, informational, and noncommercial purposes only.

Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.

While using our Website, APP, and our Services you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that DATINGWITHCHILDREN.COM provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and indirect messages between users.

3a. YOUR CONTENT

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us, or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading

Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.

We want you to be in control of your information, so we have provided you with the following tools:

Access / Update tools in the service.Tools and account settings that help you to access, rectify or delete information that you provided to us and that’s associated with your account directly within the service. If you have any question on those tools and settings, please contact our customer care team for help.
Device permissions.Mobile platforms have permission systems for specific types of device data and notifications, such as phone book and location services as well as push notifications. You can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality.
You can delete your account by using the corresponding functionality directly on the service.

We want you to be aware of your privacy rights. Here are a few key points to remember:

Reviewing your information.Applicable privacy laws may give you the right to review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability or variations of those terms). You can request a copy of your personal information by putting in such a request.
Updating your information.If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact us.
For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.

Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. We will not release any information about another user without a court subpoena.

Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore. For instance, we cannot provide our service if we do not have your date of birth.

You can stop all information collection by an app by uninstalling it using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.

Accountability. In certain countries, including in the European Union, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work or where we are established.

4 Trademarks/ No Endorsement

All of Our trademarks, service marks, and trade names used herein (including but not limited to: the DatingWithChildren.com name, DatingWithChildren.com logo, the Website name, the Website design, and any logos) (collectively “Marks”) are Our trademarks or registered trademarks or of Our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to the distribution of materials on the Website, without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a “hot” link on or to any other site, unless We have approved in advance the establishment of such a link. You shall not use Our name or any language, pictures, or symbols which could, in Our judgment, imply Our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

5 User Content

You may be able, as dictated by the functionality of the Website, to submit or to otherwise make available messages, e-mails, photographs, videos, and other content for display on the Website (“User Content”).

You shall be solely responsible for Your own User Content and the consequences of posting or publishing them. The Website merely acts as a passive conduit for Your online distribution and publication of User Content.

Without limiting any of Our rights in law and equity, We reserve the right to remove any User Content for any reason at Our sole discretion, including any User Content that We believe may violate this Agreement, or any copyright or third-party rights.

By submitting or otherwise making available any User Content to the Website, You automatically grant Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sub-licensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of the Website (collectively, “Use”), in any type of media or in any form now known or later developed, without any payment to You. In addition, You automatically waive and give up any claim that any use of such content violates any of Your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way the Website uses such content. You also grant Us and the Website the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication You provide, submit, or otherwise make available to the Website or to Us for any purpose whatsoever, including, without limitation, commercial purposes. By submitting User Content, You automatically warrant and represent to Us that You are the owner of all intellectual property rights in and to the User Content or that You otherwise have all sufficient rights to grant the license above.

By submitting User Content, You further warrant and represent that the User Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.

User Content does not represent Our views or any individual associated with Us, and We do not control User Content. In no event shall You represent or suggest, directly or indirectly, Our endorsement of User Content. We do not vouch for the accuracy or credibility of any User Content on Our Website, and do not take any responsibility or assume any liability for any actions You may take as a result of reading User Content on Our Website.

6 Right To Takedown Content

You shall remain solely responsible for Your User Content and We shall have no obligation to prescreen any such content. However, We shall have the right in Our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website at any time without notice. Without limiting the foregoing, We shall have the right to remove any material that We find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of this Agreement access to the Website.

If You wish to remove Your User Content from the Website, please send Us an email to dating@DatingWithChildren.com. We will remove Your User Content within 7 business days of receiving Your request. However, we may retain copies of Your User Content, not accessible to the public, on Our backup servers even after You request removal.

7 Advertising Rights

We reserve the right to sell, license, and/or display any advertising, attribution, links, promotional, and/or distribution rights in connection with User Content. We and Our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this Agreement obligates or may be deemed to obligate Us to sell, license, or offer to sell or license any advertising, promotion, or distribution rights.

RIGHTS YOU GRANT DATINGWITHCHILDREN.COM

You own all of the content you provide to DatingWithChildren.com, but you also grant us the right to use Your Content as provided in this Agreement.

By creating an account, you grant to DatingWithChildren.com a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from Facebook or other third- party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. DatingWithChildren.com’s license to Your Content shall be non-exclusive, except that DatingWithChildren.com’s license shall be exclusive with respect to derivative works created through use of our Website, APP and Services. For example, DatingWithChildren.com would have an exclusive license to screenshots of our Services that include Your Content.

In addition, so that DatingWithChildren.com can prevent the use of Your Content outside of our Services, you authorize DatingWithChildren.com to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. DatingWithChildren.com is not obligated to take any action with regard to use of Your Content by other users or third parties. DatingWithChildren.com’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

In consideration for DatingWithChildren.com allowing you to use our Website, APP, and Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to DatingWithChildren.com regarding our Services, you agree that DatingWithChildren.com may use and share such feedback for any purpose without compensating you.

You agree that DatingWithChildren.com may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person. Your content will be shared with all of our joint ventures, websites, business partners, and within the parent company. You consent to our policy, procedure, and operating agreement when you use our websites.

8 Your Account

In consideration of Your use of the Website, You will:

provide true, accurate, current, and complete information about Yourself as prompted by the Website’s registration page (such information being the “Account Data”); and
maintain and promptly update the Account Data to keep it true, accurate, current, and complete.

You are entirely responsible for the security and confidentiality of Your password and Account. You will not share Your Account Data or Your username and password with any third party or permit any third party to login to the Website using Your Account Data. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services and Website.

You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security of which You become aware.

The Website may also include a tool that allows You to sign in or register using information from Your accounts in third-party services, such as Facebook, Twitter, Google, Yahoo, or LinkedIn. These third-party services are not related to the Website, and Your use of such third-party services is subject to the terms and policies of those services.

PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS

You will have the opportunity to purchase products and services from DatingWithChildren.com. If you purchase a subscription, it will automatically renew – and you will be charged – until you cancel.

DatingWithChildren.com may offer products and services for purchase through iTunes, Google Play, or other external services authorized by DatingWithChildren.com (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). DatingWithChildren.com may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in this Section and in Section 9.

8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS

External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.

When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you a sales tax, depending on where you live, which may change from time to time.

If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.

To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not DatingWithChildren.com. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your DatingWithChildren.com subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.

Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your DatingWithChildren.com subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the canceled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, DatingWithChildren.com may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a DatingWithChildren.com subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care. DatingWithChildren.com will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account.

Certain users may be entitled to request a refund. See Section 8d below for more information.

8b. INTERNAL PURCHASES AND SUBSCRIPTIONS

Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel.

If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize DatingWithChildren.com to charge the payment method you provide (your “Payment Method”). DatingWithChildren.com may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, DatingWithChildren.com may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a DatingWithChildren.com subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care.

If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.

To cancel a subscription, log in to the Website and go to the Account section. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

You may edit your Payment Method information by using the Settings tool and following the link to let your upgrade expire. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to DatingWithChildren.com may be through Personalized Services International, LLC, and if you reside in the United States, that your payment to DatingWithChildren.com may be through Personalized Services International LLC. Certain users may be entitled to request a refund. See Section 8d below for more information.

8c. VIRTUAL ITEMS

Virtual items are non-refundable and subject to certain conditions.

From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features including but not limited to tokens that are redeemable for other virtual items, such as Super Yes and Highlight,” (“Virtual Item(s)”) from DatingWithChildren.com. You may only purchase Virtual Items from us or our authorized partners through our Services.

Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.

Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when DatingWithChildren.com ceases providing our Services, or your account is otherwise closed or terminated.

DatingWithChildren.com, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. DatingWithChildren.com may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. DatingWithChildren.com shall have no liability to you or any third party in the event that DatingWithChildren.com exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT DATINGWITHCHILDREN.COM IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

For more information on how we collect, store, use, and share Your Account Data, please check Our Privacy Policy

9 Subscription-Based Services

9.1 Subscription-Based Services

We offer certain Content and Services available via subscription (“Subscription”).

The Subscription prices and features can be found at https://datingwithchil.wpengine.com.

By making a Subscription, You agree to pay for the subsisting Subscription fees during the Subscription Period.

A “Subscriber” is a User who agreed to receive notifications from Us and/or who uses the Website on a paid subscription model.

9.2 Subscription Fees

If You have subscribed to a paid subscription and upgraded to a higher subscription, You will be billed for the Subscription fees of the paid subscription at the start of its subscription period.

You may downgrade Your subscription at any time. If You choose to downgrade, You may lose access to some content and Services in the Website.

Subscription fees are subject to change at the end of each Subscription Period. We will inform you of such changes before the new Subscription fees take effect. Your continued use of the Subscription means that You agree to such changes.

9.3 Ongoing Subscription and Cancellation

Fees for monthly, quarterly, semi-annually, or annually Subscription and payment plans are billed in advance, on a monthly, quarterly, semi-annually or annually basis.

The Subscription will remain active during the Subscription Period. There will be no refunds or credits for partial use, non-use, or downgrade of the Subscription during the Subscription Period. No exceptions will be made.

If You have subscribed, Your Subscription will continue in effect after Your initial subscription Period, unless and until You cancel Your Subscription or Account, or Subscription is otherwise suspended or discontinued. You must cancel Your Subscription before it renews in order to avoid any additional charges.

Your Right to Cancel – You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services do to loss of sight, hearing, and limitation of mobility – we require proof from a government agency) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

Purchases of Virtual Items, eBooks, Digital Downloads, Digital Classes, or Training are FINAL AND NON-REFUNDABLE.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

CANCELLATIONS: California subscribers: California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service, as set forth in more detail in Section 8a. If you subscribed through your Apple ID, refunds are handled by Apple/Google, not DATINGWITHCHILDREN.COM. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com.

All other users may request a refund by contacting DatingWithChildren.com, Customer Service at dating@DatingWithChildren.com, or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifiers you used to sign up for your account. This notice shall be sent to: DatingWithChildren.com, Attn: Cancellations, 8522 Terracotta Place, O’Fallon, IL 62269. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

9.4 Payments Based on Usage

If You choose to purchase goods or avail of services or features outside of Your Subscription, You will pay for such goods or services or features based on Your actual usage in the preceding month. Monthly payments for such goods or services or features will be charged on a periodic basis in arrears.

9.5 Invoicing

For invoiced goods, services, or features, You agree to pay the invoice amount in full upfront, without deduction or setoff of any kind, within 1 day from the invoice date.

10 Ecommerce

10.1 Billing

We have engaged the services of Paypal (“Payment Processor”) to collect and manage Your payments. You acknowledge and agree that the Payment Processor will perform the following for Us:

credit and background verification of Our potential customers
access updated payment reports;
credit administration, management, and collection;
legal assistance in credit recovery;
assessment of Our customers’ dependability; and
receive, facilitate and assign Your credit that is due to Us;

The Payment Processor is responsible and We shall not be liable for any matter in connection with the processing of Your payments.

You agree to notify Us or the Payment Processor about any billing problems or discrepancies within 60 days after they first appear on Your Account statement. If You do not do so within 60 days, You agree that You waive Your right to dispute such problems or discrepancies.

We may partner with and use other third-party payment service providers to handle all payments. We will notify You of such change by e-mail not less than 30 days before it takes effect.

10.2 Payments

You agree to provide updated information regarding Your credit card or payment method at any time the information is needed.

You give Us and the Payment Processor the pre-authorization to verify if Your credit card or payment method account is valid and has the necessary funds or credit available to cover Your payments.

You authorize such a credit card to pay any amount described herein.

You confirm that Your credited card has sufficient funds, credit facilities, and valid expiry date to cover the payment.

You will receive an electronic invoice for Your payments. This electronic invoice shall serve as Your official receipt.

In case of payment delay, You will not be able to use any chargeable features of Our Services until the payment is due has been fully paid.

Upon delay with any payments, You may be required to pay interest on the delay (the penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered. We reserve the right to assess reasonable interest charges on any amounts not paid by the date such payments are due.

You are solely responsible for any and all fees charged to Your credit card by the issuer, bank, or financial institution including, but not limited to, subscription, overdraft, insufficient funds, and over the credit limit fees.

All orders are subject to Our credit approval. We reserve the right to withhold shipment or to require other adequate assurances of performance of Your payment obligations as We, in Our discretion, may require, notwithstanding any order confirmation issued by Us.

All payments shall be paid in USD. You may have to incur costs for conversion and transfer of money if applied by Your financial service provider.

All prices exclude VAT and US Taxes at the current legal rate in the USA, unless stated otherwise in this Agreement. You are responsible for all other applicable taxes, and We shall charge taxes when required to do so.

Other payment methods are accepted only if provided on Our Website.

10.3 Refunds

Amounts payable under this Agreement are non-refundable.

No refunds shall be granted for discounts, vouchers, or coupons availed as part of the Service.

10.4 Cancellation

California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service, as set forth in more detail in Section 8a. If you subscribed through your Apple ID, refunds are handled by Apple/Google, not DATINGWITHCHILDREN.COM. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com.

11 Website Information

We attempt to ensure that information on the Website is complete, accurate, and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Website.

Through Your use of the Website, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate, or deceptive. By using Our Website, You assume all associated risks.

12 Security

Information provided by you through www.DatingWithChildren.com is stored on a secured private server. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through our Website, through online ordering, or in databases stored on our servers.

Our online ordering functionality employs Secure Sockets Layer (SSL) software, the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information. Please see our Privacy Policy for full details on security.

12.1. PERSONAL SECURITY – NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

DatingWithChildren.com does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and check out our Safety Tips.

YOU UNDERSTAND THAT DATINGWITHCHILDREN.COM DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. DATINGWITHCHILDREN.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. DATINGWITHCHILDREN.COM RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE DATINGWITHCHILDREN.COM TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY DATINGWITHCHILDREN.COM, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

Though DatingWithChildren.com strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

13 Links to this Website

Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without Our prior written permission is prohibited.

We grant You a nonexclusive right to display at Your site any link that would permit any user to go from Your site to Our Website. You obtain no rights other than the right to link to Our Website. Further, we do not guarantee, approve, or endorse the information or products available on Your site.

You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Us. You agree to not use the links in any manner that is likely to reduce, diminish, or damage the goodwill, value, or reputation associated with Us. You warrant that Your site does not include any material and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from Us, You shall promptly remove the links.

If Your wish to obtain written consent from Us, please contact us using our contact page

14 Third-Party Links

From time to time, the Website may contain links to sites that We and Our affiliates do not own, operate nor control. All such links are provided solely for Your convenience. If You use these links, You will leave the Website. Neither We nor any of Our respective affiliates are responsible for any content, material, or other information located on or accessible from any other site. Neither We nor any of Our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials, or other information located or accessible from any other site, or the results that You may obtain from using any other site.

We do not control, endorse, sponsor, or approve of the third parties or their content not do We take any responsibility for any aspect of these websites or their content. If You decide to access any other site linked to or from this Website, You do so entirely at Your own risk. You agree to be aware when You leave the Website and to read the privacy statements of these sites. You will evaluate the security and trustworthiness of any site connected to or accessed through the Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of personal information to those third-party sites.

15 DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE

In operating the Website, we may act as a “Services Provider” (as defined by DMCA) and offer services as an online provider of materials and links to third-party sites. As a result, third-party materials that We do not own or control may be transmitted, stored, accessed, or otherwise made available using the Website. We have placed certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on Our rights or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement.

If You believe any material available via the Website infringes a copyright, You should notify Us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom You should address infringement notices under the DMCA by e-mailing: dating@DatingWithChildren.com.

Please provide the following notice:

Identify the copyrighted work or other intellectual property that You claim has been infringed;
Identify the material on the Website that You claim is infringing, with enough detail so that We may locate it on the Website;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by You declaring under penalty of perjury that (a) the above information in Your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.

We may give notice to Our users of any infringement notice by means of a general notice on Our Website, electronic mail to a user’s e-mail address in Our records, or by written communication sent by first-class mail to a user’s physical address in Our records. If You receive such an infringement notice, You may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

16 Intellectual Property Rights

We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings, and text.

Our intellectual property is protected under copyright, trademark, and other intellectual property laws.

As part of this Agreement, You agree to not reproduce, distribute, sell, publish, or broadcast any of the material found on this Website without Our prior written consent.

17 Copyright Notice

18 Disclaimers

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

19 Limitation of Liability

We do not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect Your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, or browsing the Website, or Your downloading of any information or materials from this Website.

IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ZERO ($0) OR (B) THE VALUE OF YOUR SUBSCRIPTION OR PURCHASE MADE ON THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DATINGWITHCHILDREN.COM, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR

INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF DATINGWITHCHILDREN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DATINGWITHCHILDREN.COM’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO DATINGWITHCHILDREN.COM FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS TERMS AND CONDITION APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

20 Indemnity

You agree to defend, indemnify and hold Us and any of Our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the internet or Your placement or transmission of any message or information on this Website by You or Your authorized users; (b) Your violation of any term of this Agreement, including without limitation, Your breach of any of the Representations and Warranties above; (c) Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) Your violation of any law, rule or regulation of USA or any other country; (e) any claim or damages that arise as a result of any User Content that You provide to Us; or (f) any other party’s access and use of the Website with Your unique username, password or other appropriate security code.

21 Release

In the event that You have a dispute with one or more other visitors, users, customers, or clients of the Website, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

22 Communication

We reserve the right to send You an electronic mail for the purpose of informing You of changes or additions to the Website or this Agreement.

Except as disclosed in Our Privacy Policy, We will not monitor, edit, or disclose the contents of Your e-mail, unless required in the course of normal maintenance of the Website and its systems, or unless required to do so by law or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with legal process served on Us or the Website; (b) protect and defend Our rights or property of, the Website, or the users of the Website; or (c) act in an emergency to protect the personal safety of Our guests, the Website, or the public.

23 Dispute Resolution and Arbitration

You and We agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to this Agreement, the Website, any subscription to the Website, or any other aspect of Our relationship (“Subject Legal Claim”).

To help resolve any issues between Us promptly and directly, You and We agree to begin any arbitration within 30 days after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived.

In an attempt to find the quickest and most efficient resolution of Our issues, You and We agree to first discuss any issue informally for at least 60 days. To do that, please send Your full name and contact information, Your concern, and Your proposed solution by email to Us at dating@DatingWithChildren.com. If We should need to discuss an issue with You, We will contact You using the email or mailing address on Your Account.

If We do not reach an agreed-upon solution after Our discussions for at least 60 days, You and We agree that any Subject Legal Claim that either of Us may have must be resolved through binding individual arbitration in Illinois, USA in accordance with American Arbitration Association.

There are two limited exceptions to this Dispute Resolution and Arbitration provision: (a) either Party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (b) either Party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.

You and Us also agree to arbitrate in each of Our individual capacities only, not as a representative or member of a class, and each of Us expressly waives any right to file a class action or seek relief on a class basis.

You may download a form Notice to initiate arbitration at www.adr.org. If You initiate the arbitration, Your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules. It is important that You understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.

24 Termination

We may terminate this Agreement:

for any or no reason during any free use of the Websites or Services;
if You breach any of the terms of this Agreement, and that breach is not remediable;
if You breach any of these terms of this Agreement and that breach is not remedied within 30 of receiving written notice of the breach;
if You have failed to pay any due charges by the stated date.

We may also block Your access to Our Website in the event that:

You breach this Agreement;
We are unable to verify or authenticate any information You provide to Us; or
We believe that Your actions may cause financial loss or legal liability for You, Our users, or Us.

You may terminate Your use of the Website or the Services by contacting Us through our contact details in this policy. The termination request will be subject to Our verification of Your ownership of the Account.

In terminating Your Account, You shall be liable to pay all fees and charges that have accrued up until the termination takes place. You are personally liable for any orders placed or charges incurred through Your Account prior to termination.

Either Party may terminate the Agreement:

Upon 30 days’ written notice to the other party of a material breach, if such breach remains uncured at the expiration of such period;

If the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

25 Consequences of Termination or Expiration

Upon the effective date of termination or expiration of this Agreement:

All rights, Subscriptions, and licenses granted to You shall be terminated immediately.
You will immediately cease use of and/or access to the Account, Website, and Services.
We will suspend or terminate Your access to the Website and Services.
We will suspend or terminate access to any or all of the data to the extent permitted by law

The termination or expiry of this Agreement shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.

26 Revisions

This Agreement is subject to Our revision and changes from time to time. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Agreement.

If You are a registered Subscriber of the Website, You will be notified of material revisions to this Agreement via an e-mail message to the e-mail address that You provided at registration or that You have since updated.

If You are not a registered Subscriber of the Website, then You can review revisions to this Agreement by regularly checking this page.

Material revisions to this Agreement will be indicated by an updated effective date at the top left corner of this page and by a notice posted on the homepage of the Website.

It is Your responsibility to remain apprised of any revisions to this Agreement and to remain in compliance therewith.

Should You object to any such revisions to this Agreement or become dissatisfied with the Website in any way, Your only recourse is to immediately terminate Your membership or discontinue use of the Website. Otherwise, continuing to use, visit, access, or use the Website after the effective date means that You agree to be bound by any and all revisions.

27 Force Majeure

We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

28 Minimum Age Requirements

Our Website is not directed to children. Access to and use of Our Website is only for those who are at least at the age of 18 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. If You are younger than this, You may not register for or use Our Website.

Any person who registers as a user or provides their personal information to Our Website represents that they are at least at the age of 18 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.

In agreeing with this Agreement, You represent and warrant that You are at least at the age of 18 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.

29 General

Jurisdiction and Choice of Law. Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of Illinois, USA. You consent to the exclusive jurisdiction of the state and federal courts located in O’Fallon, Illinois, USA.

Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or oral).

A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign this Agreement without Our written consent.

Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.

Survival. Clauses “Trademarks/No Endorsement”, “Advertising Rights”, “Intellectual Property Rights”, “DISCLAIMERS”, “LIMITATIONS OF LIABILITY”, “Indemnity”, “Release”, “Communications”, and “Dispute Resolution and Arbitration” shall survive any termination or expiration of this Agreement.

30 User Feedback

We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website (“Feedback”). You may submit Feedback by emailing Us at dating@DatingWithChildren.com. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto a hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

31 Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are at https://datingwithchil.wpengine.com You may contact Us at our contact page. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

32 Acceptance of Terms

By using our Services, you accept the Terms of this Agreement.

By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy and Cookie Policy, (iii) the Community Guidelines, and (iv) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use our Services.

The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning.

32.1 This Agreement supersedes any previous agreements or representations.

These Terms, with the Privacy Policy, Cookie Policy, Community Guidelines, and any Additional Terms Upon Purchase, contain the entire agreement between you and DatingWithChildren.com regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your DatingWithChildren.com account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind DatingWithChildren.com in any manner.

33 Contact Us

If You do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact Us through DatingWithChildren.com, dating@DatingWithChildren.com, or use our contact form.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Terms and Conditions

Introduction

Contents