TERMS AND CONDITIONS
By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.
Right to Use
Your right to use the Service is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Site and/or Service at any time, including the availability of any Site and/or Service feature, database, or content. We may also impose limits on certain features and aspects of the Site or Service or restrict your access to parts or all of the Site or Service without notice or liability.
The Site and Service must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of the Site or Service would or could reasonably constitute a violation of any law, regulation, rule, or custom.
THIS SERVICE IS FOR ADULTS ONLY. By using or viewing the Site or the Service, you represent, warrant, and covenant that you are aware that the Service may contain explicit adult oriented materials, are at least 18 years old or the age of majority in your jurisdiction, and are not prohibited by law from using the Site or Service. If you use of the Site or Service in violation of this section, you may be subject to legal action as a result.
Privacy and Use of Information
As more fully set forth in our Privacy Statement, your personal information will not be resold to any third party. Please note, however, all information you provide to us may be shared with other third parties as necessary to comply with applicable law and to generally cooperate with law enforcement and the court system in investigating and prosecuting suspected criminal activities or otherwise, including, without limitation, in response to inquiries from law enforcement and regulatory agencies.
Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
a.You are solely responsible for any content, including, but not limited to, text, audio or video recordings, photographs, graphic depictions, or any other type of material, data or information (collectively, the “Content”) that you post on the Site or display to other members of the Service. You will keep all Content provided to you through the Service private and confidential and will not disclose such Content to anyone without the permission of the person who provided it to you;
b.You are aware that the Service may contain explicit adult oriented materials provided only by consenting users;
c.You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting of any Content that contains sexual conduct (whether actual or simulated); libelous, slanderous, abusive or defamatory statements; or racist, pornographic, obscene, or offensive language;
d.You will not post any Content or use the Service in any way that: i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or ii. is fraudulent or otherwise unlawful conduct in connection with your use of the Service or violates any law;
e.You will not upload to the Service any illegal or inappropriate Content, including, without limitation, Content containing or suggesting bestiality, child pornography, urination, other bodily excretions, defamatory material or otherwise obscene material;
f.You will not use the Service to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services or to forward chain letters;
g.Your use of the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts with other users; and,
h.You will not use the Service to infringe on any privacy right, property right, or other civil right of any person.
i. You will not create or own more than one active profile in the Site.
Content Posted By Members
By agreeing to the terms and conditions of this Agreement, you represent and warrant that all Content you upload to the Site does not in any way infringe on anyone’s intellectual property rights. You also authorize the Company to post any and all photographs uploaded by you throughout the Site and other associated websites which feature other members of the Service but may be under a different Site and/or Service name(s). The Company hereby asserts immunity with respect to all Content provided by members or other third parties, as provided by law, including, but not limited to, under the Communications Decency Act. We will remove any Content that you may post on the Site upon being notified, as provided in these terms and conditions, that the Content you post on the Site violates the intellectual property rights of another. We may remove any Content that you post on this Site that we believe, in our sole discretion, violates this Agreement without any obligation to provide you prior notice of such removal. You may not post any Content that solicits any information or response from anyone under 18 years of age, mischaracterizes your identity, and solicits any information that might be used for unlawful purposes, or encourages unlawful activities. The Company reserves the right, in the Company’s sole discretion, to immediately suspend your account, file for injunctive relief, file for civil redress and/or report any conduct that violates these terms and conditions to any and all authorities that may have jurisdiction over the matter. In the event any actions or proceedings are brought against the Company as a result of Content you have posted on the Site, or your engaging in any prohibited activities, as set forth in this section or in this Agreement, you agree to indemnify and hold the Company harmless with respect to all costs and expenses, including, but not limited to, attorneys’ fees that the Company may incur as a consequence of your posting of such content or engaging in such prohibited activities.
No Warranty With Respect to Member Content
We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service, including but not limited to, information regarding a member’s age, gender and marital status. Additionally, as users may discontinue or suspend their membership at any time, we cannot guarantee that individuals seen in various advertisements are currently active members. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users or as a result of out of date information.
Use of Information on Service
You acknowledge and agree that:
a.We cannot ensure the security or privacy of information you provide through the Service including through email, messaging or otherwise; You hereby release the Site from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
b.The Company is not responsible for, and cannot control, the use of any information, by anyone, that you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
c.The Company cannot and does not assume any responsibility for the Content of any communication sent by any user on the Service or the Content posted to any profile, and you release us from any and all liability in connection with the contents of any such communication you may receive from other users;
d.You acknowledge that you cannot bring legal action against the Company or any of its employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Service; and
e.Any and all images uploaded to the Company become property of the Company and may be used by the Company, without restriction, as marketing materials. By accepting this Agreement and its terms and conditions you specifically authorize us to use any images you upload to the Company for marketing the Site in our sole discretion.
f.You may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
Monitoring of Content
We reserve the right, but have no obligation, to monitor any and all public and private postings and messages to ensure that they conform to the content guidelines and this Agreement, which are both subject to change from time to time. We also reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Site. We are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all users (including unauthorized users, as well as the possibility of "hackers"). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you post or transmit through the Service.
Removal of Content
While we do not and cannot review every message or other material posted or sent through the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public or private postings and messages, that we, in our sole discretion, may deem to violate the Code of Conduct set out above or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or otherwise provide to users of the Service.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.
The Service contains information, which is proprietary to us and/or users of the Service. We assert full copyright protection in the Service. Any information posted by us or users of the Service may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous six (6) months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time, please see details on cancellation below.
You may become a member of the Service by completing an online registration. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse your current or future use of the Site and the Service, as well as possibly subjecting you to criminal and civil liability.
Member Account and Your Responsibility for its Use
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
The Service may from time to time contain links to other sites and resources ("External Links"). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Company or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
The Company may communicate with you in a variety of different manners, including direct emails to you or through messages posted through the Site. Company may also endeavor to enhance the user experience by providing certain individuals with free profiles and other compensation for entertainment purposes and to promote member involvement and participation. Such communications are solely for the purpose of online communication and the individuals behind such profiles will never be encouraged nor in anyway rewarded for having any contact with any member outside of the Site.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Company related products and services. We reserve the right to disclose information about your usage of the Service and Demographics in forms that do not reveal your personal identity.
To resolve or report a complaint regarding the Service or members who use the Service users should send an email detailing such complaint to information ( at ) firstbeatmedia dot com. The Company will undertake to investigate and address the problem as expeditiously as reasonably possible.
Please note that WE DO NOT USE AN AUTOMATIC REBILLING. If Your Premium Membership subscription does expire, you will not be automatically re-billed. If you wish to continue your subscription, You can purchase new subscription after your current subscription expires. Membership fees to the Site are prominently displayed prior to your subscription thereto. You agree to pay all membership fees when due according to these billing terms. At the time of registration, you must select a payment method. The Company reserves the right to contract with one or more third parties to process all payments. Such third party may impose additional terms and conditions governing payment processing. Please note Your card issuer or bank agreement may contain additional terms with respect to your rights and liabilities. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services that we may provide, with or without prior notice to you, at any time.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
Cancellation By User
You may cancel your Premium Membership subscription at any time by contacting directly third party credit card processor such as CCBILL (https://support.ccbill.com) or Epoch (http://www.billingsupport.com) customer support. You may cancel your account on the Site on “Account Settings” page.
NO WARRANTIES, LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE SITE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT THE SITE’S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MEMBERSHIP FEES YOU HAVE PAID US.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the country of Estonia, without regard to its conflict of law provisions. You and the Company hereby submit to the personal jurisdiction of the state and federal courts of Estonia for resolution of all disputes. You and the Company hereby agree that exclusive venue for any litigation under this Agreement shall be with the state and courts located in Estonia.
Termination by the Company
Without limiting other remedies, the Company may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice, if: (a) the Company believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due hereunder by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for You, our users or us; or (e) the Company decides to cease operations or to otherwise discontinue any of the Service or parts thereof. Further, You agree that neither the Company nor any third party acting on our behalf shall be liable to You for any termination of Your membership, subscription or access to the Service. You agree that if Your account is terminated by the Company, You will not attempt to re-register as a member without prior written consent from the Company.
After Termination or Cancellation
You accept that when You terminate your membership (as opposed to your subscription) with the Service You will be automatically removed from and locked out of the Service. You will be unable to access Your account on the Service. You also agree and accept that upon cancellation your profile, mail and other membership materials will be immediately deleted from the Site and that such information will be irretrievable. The terms of this Agreement shall survive after termination or cancellation, unless stated otherwise.