Upon our request you agree to sign a non-electronic version of this Agreement.
- Who we are
- The Services we are providing
- How you can access our Services
- Information about billing and subscriptions (including automatic repeat billing and price changes)
- Your obligations as a user of our services and restrictions on your content
- Our rights to use your content
- Your rights to cancel your membership
- Our rights to terminate this Agreement
- Ways you can contact us and our complaints handling process
- Legal disclaimers, warranties and indemnities
1. THE PARTIES TO THIS AGREEMENTThis domain is owned by Tradax IP Licensing Limited.
The website and business is operated exclusively under license by NSI (Holdings) Ltd, a company registered in England having company number 5236118, having its registered address at 2 Angel Square, EC1V 1NY, London
You are entering into this agreement with NSI (Holdings) Limited.
We have an extensive network of sites (that we call our “Partner Sites”) that we categorise as Traditional Sites (for traditional romantic relationships e.g. Cupid.com) and Niche Sites (for like-minded people to meet e.g. UniformDating.com). Any reference herein to a Group Company means a parent or subsidiary of ours, if applicable.
You authorise us to reproduce and broadcast the information contained in your profile including your name, photograph, "chat up line", description etc. throughout all or part of our Partner Sites and our Group Companies for the purposes of delivering the Services to you and for marketing and other purposes as explained in more detail below under section 6(B) Our rights to use your content for our own purposes.
We may, from time to time, create profiles which are created, maintained and managed by our employees ("Staff Profiles"). The purpose of these Staff Profiles is to enable us to ensure our Services are operating properly by testing the Services, features and functionalities, and to research our products and Services. All Staff Profiles will be identifiable as such and in the event that you opt to communicate or interact with a Staff Profile you will be made aware of the nature of this Staff Profile. In an effort to protect users from receiving deceptive links and content through messages sent from individuals our systems have flagged as scammers, we will censor any flagged messages and replace the content of these messages with links to our partner sites. Any censored messages will be marked with a special icon tooltip to explain that the SiteAdmin has flagged the message and replace the content with safer links.
2. THE SERVICESWe provide on line entertainment and social services through our websites and mobile applications enabling you to contact and engage in interaction with other users of our various sites and apps, including those of our Group Companies and Partner Sites (collectively our websites and apps are referred to here as the "Services").
We also reserve the right to stop offering the Services.
3. HOW YOU CAN ACCESS OUR SERVICESYou can access the Services in the following ways, and by website visits or mobile applications:
(1) By visiting as a guest without registering ("Guest");
(2) By registering for the Services as a non-paying member (“Basic Member”); or
(3) By registering for the Services as a member and purchasing a subscription package (“Paid Member”).
Throughout these terms we will make reference to Guest, Basic Member and Paid Member. When the clause is relevant to all members, we shall simply use the term “member” or “users” to mean all users, whether Guests, Basic, or Paid.
4. ABOUT SUBSCRIPTIONS AND BILLING
A. GUEST/BASIC MEMBER FEES / CHARGES / "JOIN FOR FREE"There is no fee payable to access the Services as a Guest or as a Basic Member.
However, please note that accessing the Services as a Guest or a Basic Member will only give you limited access to features and areas of the Services. Full access will require to you upgrade to become a Paid Member, by paying for a subscription package.
When you see "JOIN FOR FREE" this means that you can sign up to the Services free of charge, however you will have limited access to features and areas of the Service. Full access will require a Paid Membership.
B. PAID MEMBER FEES / CHARGESIf you would like full access to all features and areas within the Services, you should purchase one of our Subscription Packages which can differ across our various websites. As a Paid Member you expressly agree to us providing the Services to you immediately upon payment by you. In general, we offer:
- 3 day or 1 week trials (with some services offering 1 hour trials); and/or
- 1, 3 or 6 month packages.
Please be aware that when you subscribe to any package, including the trial period, you will become liable for automatic renewal billing. THIS MEANS THAT THE MINIMUM DURATION OF YOUR CONTRACT WILL BE FOR THE INITIAL PERIOD YOU SELECT (E.G. 1 MONTH), AND THIS WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL YOUR SERVICE.
We reserve the right to alter these subscriptions packages at any time. If we alter the price of a package that you are already paying for, we will provide notice of the change to (in accordance with our process noted below at section 4(D)) you and you will have the option to cancel your membership if you do not agree with the new price being offered to you.
C. AUTOMATIC RENEWAL BILLINGWe operate an automatic renewal billing policy.
This means that once your initial membership period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before.
D. PRICE CHANGESWe reserve the right to alter our packages at any time and any change in your subscription price will be notified to you by email to the address you have provided when you signed up to the Services, at least 7 days prior to the new subscription price being implemented. You will then have the option to cancel your membership if you do not agree to this price change.
E. DISPUTES ABOUT BILLINGIn the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.
F. CUSTOM AND PROMOTED MESSAGES
F(1) Promoted MessagesWe may from time to time offer users the ability to "Promote My Account" through Account Settings. Activating this service will mean that we will automatically broadcast custom messages created by any user, or selected from a default list of template messages, to other users. We reserve the right to select members to use the Promote My Account service. Sending of messages through this feature will be free, however, recipients who view and choose to reply to a Promote My Account message, will require to have an upgraded Paid Membership in order to reply to the sender. All messages sent through the Promote My Account feature will be marked in recipients inbox with a specific icon. We reserve the right to modify any fees payable to senders or recipients at any time.
F(2) Custom MessagesA user may choose to send certain forms of automated messages to other users, which may vary from time to time and include but are not limited to Flirtсasts, Auto-replies or Promote my account messages (“Custom Messages”). These Custom Messages may be in the form of template messages with pre-composed text, or may be a custom message edited by the sending user. To minimise the risk of receiving a Custom Message with contact details or any other content that may be used to threaten, harass, mislead or pose risk to another user's security on our sites, we reserve the right to monitor all Custom Messages, to modify or change the content of them to our template pre-composed Custom Messages. These security checks will be made at our discretion and any changes made to the content of the Custom Message will be automatically completed without informing the sending user of the changes.
G. WINGMAN BARNEY FEATUREWingman Barney is an automated feature that may be available on some of our sites that you can use and it will automatically assist you in communicating with other users. Barney will encourage you to complete profile fields and answer automatic questions to help your matching. barney will send a message to a user if you choose to use Barney's help. The first three messages sent by you through the Wingman Barney feature are free to read, if you receive a response, however the fourth response onwards will be subject to fees which maybe amended from time to time.
H. AUSTRALIAN PREMIUM SMS CUSTOMERSFor Premium SMS Billing Users (Australia only)
Customer Helpline 1800823314 (Data fees may apply)
To unsubscribe, SMS STOP to 19996664 or call our Customer Helpline at 1800823314.
I. CREDITSSome of our services may include (but not obligated to) a virtual, in-app currency called Credits. If you are a legal adult in your country of residence, you may purchase Credits and use them to pay for some of our services on this Site. You can find information about the Services that may be purchased for Credits by going to [Payment] page. For the avoidance of doubt, a refund of any remaining/unused amount of Credits in your Account is not possible, meaning that a conversion of Credits back into real currency is not possible. We also reserve the absolute right to manage, regulate, control, modify and/or eliminate such Credits in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights.
A. PERSONAL USEYour account is for your personal use only. You may not authorise others to use your account or attempt to use another member's account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity.
You are solely responsible for your own actions and those of anyone using your account, and assume all liability regarding, (i) the information and content you or anyone using your account, posts on your behalf; (ii) the information and content you or anyone using your account post, transmit, publish, or otherwise make available through the Services; and (iii) your or anyone using your account's interactions with other members through the Services.
B. YOUR USE OF OUR SERVICES: INFORMATION YOU SUBMITIf you register with us to use our Services, you warrant that you will:
- Provide all the information required to complete the registration forms for our Services;
- Ensure the information you provide is complete, accurate and up to date and you will promptly update all information to keep your account and billing information complete and accurate upon any change (such as change of billing address, credit card number or expiration date);
- You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction, of the United Kingdom, of Australia or of the United States of America;
- Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
- If you create an account (as a Basic or Paid Member), you (i) have never been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency; and
- You are either single or separated from your spouse or domestic partner;
- Only post information and content that is relevant to our members (please see below under "Restrictions on your use of the Site" for further details of the restrictions on the type of information and content you can post);
- Be fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account; and
- Only post genuine ratings of and comments on other members' profiles and other content based on your personal experience. Please note that any comments you make, if false, could be defamatory and could lead to legal proceedings being taken against you.
C. RESTRICTIONS ON YOUR USEYou agree that you will not post any content on through the Services, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the Services that, in our sole judgment:
- impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity;
- discloses any personal or confidential information of any person or organisation without first obtaining their consent or solicits another person's personal information for commercial or unlawful purposes;
- discloses, solicits or requests personal information from anyone under the age of 18 or discloses or solicit passwords for unlawful purposes;
- contains any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- promotes racism, bigotry, hatred or physical harm against any group or individual;
- promotes or enables illegal or unlawful activities;
- is intended to harass, annoy, threaten or intimidate any other members or other people or organisations;
- is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18) or which may cause annoyance or inconvenience;
- is deliberately misleading or fraudulent;
- contains others' copyrighted content (such as music, videos, photographs, images etc) trademarks, patents, trade secret or other proprietary information, without first obtaining their consent;
- uses the Services for chain letters, junk mail or spam e-mails;
- advertises or solicits any member to buy or sell any products or services including but not limited to uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, affiliate marketing codes, link referral code or any other form of commercial solicitation;
- interferes or disrupts networks connected to the Services or attempts to interfere with the proper functioning of the Services (including imposing an unreasonable load on the technical infrastructure used to operate the Site);
- contains any material which may infringe or violate any third party's rights;
- violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the various governments as a foreign terrorist organisation;
- stalk or otherwise harass another person or user or member;
- collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users' or members' private information;
- post a profile or send a message to a user for any purpose other than to interact with other individuals online;
- delete or revise any content or material posted by any other person or entity;
- access data not intended for such user or logging into a server or account which the user is not authorized to access;
- attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorization;
- attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, flooding, spamming, mail bombing or crashing or otherwise attempting to deny service to the Site or the server of any user;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- send unsolicited messages, including promotions and/or advertising of products or services;
- forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting for any reason;
- use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent.
We actively encourage all users to report any breaches of these terms to us.
E. SECURITY OF YOUR LOGIN DETAILSYou agree that you are responsible for keeping your screen name and password for your account secret. You acknowledge that we are not responsible for third party access to your account that results from sharing your login or other account details or personal information by you or the theft or misappropriation of your screen name and password. We reserve the right to suspend your access to the Services or terminate your account if we suspect an unauthorised person is attempting to access it.
G1. RISKS OF USING OUR SERVICESYou assume all risk when using the Services, including but not limited to, all of the risks associated with any online or offline interactions with others, including dating. You understand that we are unable to guarantee the accuracy or completeness of information provided to you by or about other members, and that we are unable to confirm that any member is who he or she claims to be.
You acknowledge that we have no liability in respect of other members of the Services, or any party who contacts you through the Services. We do not conduct criminal or any other background checks on any member in any territory and you should exercise caution. Please review our Dating Help and Safety Tips.
You understand that we make no guarantees or warranties, either express or implied, regarding your ultimate compatibility with individuals you meet through the Services or as to the conduct of such individuals. You further understand that we make no guarantees or warranties as to the number or frequency of matches made available to you through the Services.
G2. BACKGROUND AND CRIMINAL CHECKS OF USERSYou are solely responsible for your interactions with other members of the Website. You understand that we do not in any way: (1) monitor the activity of our members either offline or online; (2) screen or interview our members; (3) inquire into the background of our members (including conducting criminal background checks); or (4) attempt to verify the accuracy or statements made by members. We make no representations or warranties about the conduct of members or those acting on their behalf. You will take reasonable precautions in all communications, meetings, or interactions with other members of the Website, particularly if you decide to meet offline or in person. You should not divulge personal or financial information to strangers. To learn more about online dating safety, click here.
I. MEMBERS OUTSIDE THE EEABy registering and creating a member profile you consent to the wider dissemination of the information you provide in that profile to the other users of the Services, our Group Companies and third party service providers, some of whom may be outside the European Economic Area ('EEA'), to allow you to date in an online environment. We will keep your personal information confidential except: (i) where you or anyone using your account have posted it for publication or display; or (ii) to the extent that we are compelled to disclose it by law or to comply with an instruction of a regulatory body of competent jurisdiction.
J. SAFE MODE AND VERIFIED MEMBERS
In order to provide our members with a safer user experience, we offer both the "Safe Mode" feature as well as the ability for any member to become a "Verified Member".
"Safe Mode" enables members to limit certain types of actions and information that the Website can provide, including search results and incoming communications. We reserve the right to modify or discontinue Safe Mode at any time and we reserve the right to limit Safe Mode or parts of it to paying members. Additional information regarding Safe Mode is available on the Website or by contacting us through our "Contact Us" page.
A "Verified Member" is any user who has validated the phone number connected with their account as being held by a human person, by either: (1) obtaining a unique verification code by text message or voice call; (2) calling the Website's toll-free number; or (3) providing credit card information. The Website uniquely identifies Verified Members. Verified Members have access to special features such as being able to search for other Verified Members. We reserve the right to remove or modify the Verified Member feature at any time and without any prior notice. You understand that we assume no liability related to any user abusing the Verified Member feature or providing inaccurate, false or fraudulent information in the verification process. You further understand that the Verified Member feature is not a guarantee of the genuineness or genuine intentions of a person. Additional information regarding the Verified Member feature is available on the Website.
6. OUR RIGHTS
B. TO USE YOUR CONTENT FOR OUR OWN PURPOSESBy posting information or content including but not limited to copyrighted content, name and likeness and photographs to your profile pages or any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us, our Partner Sites and Group Companies, a non-exclusive, royalty free, worldwide licence to use, copy, publish, display, reformat, translate and distribute, and broadcast, such information or content and to grant and authorise sub-licences of the same. You further waive any moral or potential infringements rights you may have in any such information or content.
Specifically please note that we may use any of your content, including your photographs, for the purposes of advertising or publicity. If you do not wish us to do this, please contact us.
7. THIRD PARTY RIGHTSWe have in place procedures for handling claims that content displayed on any of our Group Companies sites infringes a third party's copyright. Pursuant to the Digital Millennium Copyright Act of 1998, as amended ("DMCA"), notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent specified in the Notice and Procedure for Making Claims of Copyright Infringement. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
8. CANCELLING YOUR MEMBERSHIP AND CUSTOMER COMPLAINT HANDLING
Your subscription will be automatically extended for successive renewal period of the same duration as the subscription term originally selected, at the then current non-promotional subscription rate in accordance with the Automatic Renewal Billing process explained in these terms.
Please note that you must terminate your subscription prior to the end of the subscription period for which you have paid to avoid being charged for the next subscription period. To change or terminate your subscription at any time, please follow the subscription cancellation procedure described in the Help section. Either you, or us, may terminate your user account at any time and for any reason by sending notice to the other.
We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
(B) YOUR RIGHTS TO CANCEL AT ANY TIMEYou may cancel your subscription and membership (free and paid) by visiting the "My Account" section of the site that you are a member of, and following the relevant link to Remove Your Account.
Alternatively, you may cancel your registration or subscription at any time by giving us notice of your wish to cancel by telephone or email:
When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorised to amend the account.
Our postal address is:
NSI (Holdings) Ltd
2 Angel Square,
Please be aware that any notice of intention to cancel shall take effect upon receipt by us.
By creating a Paid Membership or upgrading a Guest or Basic Membership, you expressly agree to us providing the Services to you immediately upon payment by you. Any use of the service thereafter by you would limit the amount you will be entitled to later receive should you cancel within 14 days.
For avoidance of doubt, Use of the Services in respect of this cancellation right means sending any communication to another user, actively conducting searches of user profiles, viewing photos of other members, or making changes to your profile including your photographs and other publicly visible profile information, or updating or amending any account settings or preferences (unless such settings e.g. email address were inputted incorrectly at sign up and you are seeking to simply amend these entries to be more accurate records).
You can contact us through your Account, by email or by telephone to cancel on the basis of this statutory right. You may also complete this Cancellation Form (which is a standard form contained within the Regulations), which can be downloaded here.
When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorised to amend the account.
Our postal address is:
NSI (Holdings) Ltd
2 Angel Square,
9. LEGAL DISCLAIMERS, WARRANTIES & INDEMNITIES
A. DISCLAIMER OF WARRANTIESThis section will apply to the maximum extent permitted by applicable law.
We do not make or grant (and hereby exclude) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
We do not warrant that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected. We disclaim liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Services.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) warrant or guarantee the accuracy, completeness or usefulness of any information provided on the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, provided through the Services, or transmitted to or by any Guests, Basic Members or Paid Members.
B. LIMITATION OF LIABILITYTo the maximum extent permitted by law, in no event will we, NSI (Holdings) Ltd, be liable for any direct, indirect or consequential loss or damage arising out of or relating, directly or indirectly, to the use or inability to use the Services, including, without limitation, loss of income or revenue, loss of corruption of data or programs, loss of goodwill and loss of anticipated savings, even if we know or have been advised of the possibility of such loss arising.
To the maximum extent permitted by applicable law, in no event will we be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other users of the Services. This includes and is not limited to any claims, losses or damages arising from the conduct of members who have registered under false pretences or who attempt to defraud or harm you.
We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right.
D. LINKS TO OTHER THIRD PARTY SITESWhere any of our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. ENTIRE AGREEMENT, GOVERNING LAW AND CLASS ACTION WAIVER
C. CLASS ACTION WAIVERIN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
D. CONSUMER RIGHTS INFORMATION - CALIFORNIA RESIDENTS ONLYThis provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
NSI (Holdings) Ltd
2 Angel Square,
Users who wish to gain access to the members-only section of the Website must be a member in good standing. We post the current membership fees for the Website before the registration page for the Website. We reserve the right to change the membership fees. You may contact us using our "Contact Us" page to resolve any billing disputes or to receive further information about the Website.
E. COMPLAINTS - CALIFORNIA RESIDENTSYou may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.