This Terms of Use Agreement (this “Agreement”) is made between Afrodita and its affiliates and related entities (hereinafter “Afrodita” or the “Website”) and the user of Ladiesua.com and its affiliate websites (“You” or “Member”) with respect to communications with other members and other online services provided by Afrodita (the “Service”). By clicking “Sign Up” or “Find Your Matches” on the registration forms, You indicate Your acceptance of all the terms and conditions of this Agreement and Your registration on Afrodita Websites.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON “SIGN UP” OR “FIND YOUR MATCHES” BUTTON, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY Afrodita AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SERVICE.
Afrodita’s Privacy Policy applies to use of this Site, and its terms are made a part of this Agreement by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
The terms of Acceptable Use Policy for Content Posted on the Website, and any notices regarding the Websites are incorporated by reference into this Agreement.
1. Eligibility. By becoming a Member, You represent and warrant that You are at least 18 years old. Membership in the Service is void where prohibited. By using the Website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity.
2. Term. This Agreement will remain in full force and effect while You use the Website and/or are a Member of Afrodita. You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by Afrodita customer support staff.
Afrodita may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided for at registration, or to any other email address provided by You to Afrodita staff. Upon termination by Afrodita without cause, You shall receive a refund, pro rata, of any unused credits or fees that Afrodita has received from You. If Your membership with Afrodita is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall Afrodita be liable to You, for any refund of unused credits or paid fees for using Afrodita additional Services. Unused credits expire 365 days after their purchase date. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.
3. Non-Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website for any purpose. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, software, legal entities and services competitive with the Website. If You are a female Member, You further represent and warrant that You will not allow Your photo, profile or email address to appear in any databases, websites or services competitive with the Website. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content. Afrodita owns, licenses or otherwise retains all intellectual property rights in the Website and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of Afrodita and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Website.
a. You understand and agree that Afrodita may at its sole discretion store for review, review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, "Content") that in the sole judgment of Afrodita violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members.
b. You are solely responsible for the Content that You publish or display (hereinafter, "post") on the Service, or transmit to other Members.
c. By posting Content to any public area of Afrodita You automatically grant, represent and warrant that You have the right to grant to Afrodita an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of Content that is illegal or prohibited on the Website. Afrodita reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:
§ is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
§ harasses or advocates harassment of another person;
§ involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
§ promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
§ promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
§ contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
§ displays pornographic or sexually explicit material of any kind;
§ provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
§ provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
§ solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
§ engages in commercial activities and/or sales without Afrodita prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in Your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Afrodita cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, Afrodita reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Afrodita deems appropriate in its sole discretion.
i. It is prohibited to use any other gift delievery service or other companies who do similar services in terms of delivery to our female clients.
j. It is prohibited to suggest and ask ladies to use help of other agencies or interpreteres not related to ladiesua.com
6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply Afrodita copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on the Website; Your address, telephone number, and email address; a written 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, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
7. Member Disputes. You are solely responsible for Your interactions with other Afrodita Members. Afrodita reserves the right, but has no obligation, to monitor disputes between You and other Members.
8. Use of the Website and/or the Service is also governed by LadiesUA Privacy Policy.
9. Disclaimers. Afrodita PROVIDES THE SERVICE ON AN 'AS IS' BASIS AND GRANTS NO WARRANTIES OF ANY KIND. Afrodita provides services listed only on the web site and does not give any warranties, expressed or implied and expected by any of the web site users. We do not guarantee marriage, engagement or any other obligations which might happen between members of the agency. Afrodita disclaims responsibility for the content of the profiles or reliability of information pointed out in the profiles. Afrodita and all its representatives disclaims responsibility for any misunderstandings which may happen between users of the web site and does not participate in giving the gifts back or any other disputes. Afrodita DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. Afrodita DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, Afrodita cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or 'hackers') may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. Afrodita is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. Afrodita DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Afrodita is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Afrodita is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Afrodita assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Afrodita is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Afrodita be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
10. Female Members. Afrodita functions to provide the opportunity to its male and female Members to effectively and comfortably search for their prospective soul mate. Afrodita does not influence the relationships between male and female Members of the Website. Female Members may terminate their membership with the Website at any time. Deactivation of profiles of female Members of the Website is governed by the following:
a. In the event a female Member is no longer interested in the Services, Afrodita customer support administrators shall review the correspondence between such female Member and a male Member with whom the female Member has been corresponding (the “Correspondent”) and shall have the right to make a decision, in their sole discretion, with respect to the issuance of unused credits back to the male Member. Notwithstanding the above, Afrodita customarily issues no more than 10 credits back to the Correspondent for such Correspondent’s last letter to the deactivated female Member.
b. In the event a female Member had requested her profile to be deleted from the Website for unspecified personal reasons, the Correspondent shall not have the right to receive any information with respect to the deletion of such female Member’s profile, as same would be in violation of Afrodita’s Privacy Policy. Furthermore, the Correspondent shall not be entitled to any unused credits with respect to his correspondence with such female Member.
c. In the event, a female Member had found her match, and same is not the Correspondent, the Correspondent shall not be entitled to any unused credits with respect to this correspondence with such female Member.
d. In the event, a female Member had been reported for inappropriate activities, Afrodita may, at its sole and unfettered discretion, issue a partial refund in credits to the Correspondent, who had informed the Website of such female Member’s inappropriate activity by providing incontrovertible evidence of same.
11. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will Afrodita be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if Afrodita knows or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Afrodita’s liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Afrodita for the Service during the term of membership.
12. Indemnity. You agree to indemnify and hold Afrodita, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to Afrodita or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
13. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire Agreement between You and Afrodita regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.