This online personals service
is a way for adults to meet each other (the "Service"). The Service
is provided by FREAKLOVE.COM plc, whose principal office is located at Tel aviv
,Israel
("FREAKLOVE.COM").
This legal agreement is made
between You and Us ("Agreement"). Please read this Agreement
carefully before registering for the Service. By registering for the Service,
You become a FREAKLOVE.COM member (a "Member"), and You agree
to be bound by the terms and conditions of this Agreement for as long as You
continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF
THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND
CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, 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 AGREEEMENT ON THE
WEBSITE.
In this Agreement the following
words have the following meanings unless the context requires otherwise:
"Agreement" means
the agreement between You and Us incorporating these terms and conditions for
the provision of the Service, as amended from time to time in accordance with
the terms and conditions set forth herein;
“We, Us, Our" means FREAKLOVE.COM;
and
"You,
Yourself, Your" means the person who registers for the
Service, accepts the terms and conditions of this Agreement and whose
application for membership of the Service is accepted by Us.
ELIGIBILITY:
MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent
and warrant that You are at least 18 years old. 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 the terms and conditions of this Agreement.
Your membership for the Service is for Your sole, personal use. 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.
REGISTRATION
AND SUBSCRIPTION: Although You may register as a Member of the Service for free, if
You wish to use the Service to initiate most communication with other members
and use certain other parts of the Service, You must become a subscriber and
pay the fees that are set out in Our price list. This price list is part of
this Agreement And We reserve the right, at any time, to change any fees or
charges for using the Service. To become a Member, You must register for the
Service. When and if You register to become a Member, You agree to provide
accurate, current and complete information about Yourself as prompted by Our
registration form ("Registration Data"), and to maintain and update
Your information to keep it accurate, current and complete. You agree that We
may rely on Your Registration Data as accurate, current and complete. You
acknowledge that if Your Registration Data is untrue, inaccurate, not current
or incomplete in any respect, We reserve the right to terminate this Agreement
and Your use of the Service and, in such event, You shall not be entitled to a
refund of any unused subscription fees.
TERM AND
TERMINATION: This Agreement will remain in full force and effect while You use
the Service and/or are a Member. You may terminate your membership at any time,
for any reason by following the instructions on the Member Services page of the
Service, or upon receipt by Us of Your written or email notice of termination.
Either You or We may terminate your membership by removing your profile, at any
time, for any reason, with or without explanation, effective upon sending
written or email notice to the other party. Upon such termination by Us without
cause, We shall refund, pro rata, any unused portion of any subscription
payments that We have received from You. In the event that (a) You terminate
your subscription or membership or (b) We determine, in our sole discretion,
that You have violated this Agreement or our posted Privacy Policy and
terminate Your membership or subscription, You shall not be entitled to nor
shall We be liable to You for any refund of any unused portion of any
subscription payments the We have received from You, and We may continue to bar
Your use of the Service in the future. Even after Your membership is
terminated, this Agreement will remain in effect.
PROPRIETARY
RIGHTS: You represent and warrant to Us that the information posted in
Your profile including Your photograph are posted by You and that You are the
exclusive author of Your profile and the exclusive owner of Your photographs.
You assign to Us, with full title guarantee, all copyright in Your profile and
Your photographs posted, at any time, in connection with Your use of the
Service. You waive absolutely any and all moral rights to be identified as
author of Your profile and owner of Your photograph and any similar rights in
any jurisdiction in the world. In addition, other Members may post copyrighted
information, which has copyright protection, whether or not it is identified as
copyrighted. Except for that information which is in the public domain or for
which You have been given express written permission by the owner of such
information, You will not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information. By posting information,
photographs or content on any Service, You automatically grant, and You
represent and warrant that You have the right to grant, to Us and other
members, free of charge, an irrevocable, perpetual, non-exclusive,
royalty-free, fully-paid, worldwide license to use, reuse, copy, copyright,
perform, display, promote, publish, republish and distribute whether online or
offline, with various publications, made through any media, for art,
advertising, trade or any other purpose whatsoever, such information, content
and photographs and to prepare derivative works of, or incorporate into other
works, without restriction, in conjunction with Your name or a fictitious name,
such information and content, and to grant and authorize sub-licenses of the
foregoing.
YOUR USE OF THE SERVICE: As a
Member, You agree that:
(1) You will use the Service in
a manner consistent with any and all applicable laws and regulations. You will
not include in Your profile any telephone numbers, street addresses, last
names, URL's or email addresses, other than where You are specifically asked
for such information in the Confidential Personal Information section of the
Service. You will not engage in advertising to, or solicitation of, other
members to buy or sell any products or services through the Service. You will not
transmit any chain letters or junk email to other members. You are solely
responsible for Your interactions with other members. We reserve the right, but
have no obligation, to monitor and/or mediate disputes between You and other
members.
(2) You are solely responsible
for the content or information You publish or display (hereinafter, "post")
on the Service, or transmit to other members. You will not post on the Service,
or transmit to other members or to Us or Our employees, any defamatory,
inaccurate, abusive, obscene, profane, offensive, sexually oriented,
threatening, harassing, racially offensive, or illegal material, or any
material that infringes or violates another party's rights (including, but not
limited to, intellectual property rights, and rights of privacy and publicity).
You will not include in Your profile any offensive anatomical or sexual
references, or offensive sexually suggestive or connotative language, and You
will not post any photos containing nudity or personal information. We reserve
the right, but We have no obligation, to reject any profile or photo that does
not comply with the prohibitions set forth in this section and, to the extent
that We determine, in Our sole discretion, to do so, You shall not be entitled
to a refund of any unused subscription payments that We have received from You.
(3) Email communications sent
from Us or through Us are designed to make your online personals experience
enjoyable. By becoming a member, You specifically agree to accept and consent
to receiving email communications initiated from Us or through Us including,
without limitation: message notification emails, “Your Match” emails, emails
informing you about events and parties We organize, emails informing You of
promotions We run and emails informing You of changes to the Service. Should
You not wish to receive any of Our email communications, do not register with
Us for the Service.
(4) You agree that We have no
responsibility or liability for the deletion, corruption or failure to store
any messages or other content maintained or transmitted by Our Service. You
acknowledge that features, parameters or other services We provide may change
at any time. You acknowledge that We reserve the right to sign out, terminate,
delete or purge Your account from the Service if it is inactive.
"Inactive" means that you have not signed in to the Service for a
particular period of time, as determined by Us, in Our sole discretion
(currently, we consider an account to be inactive after 12 months).
(5) Our customer service
employees are here to make your online experience enjoyable by providing
assistance and guidance to You. When speaking to Our customer service or other
employees on the phone or communicating with them by any other means, You
undertake not to be abusive, obscene, profane, offensive, sexually oriented,
threatening, harassing or racially offensive. Should any of Our employees feel,
at any given point, threatened or offended by Your conduct, We reserve the
right to immediately terminate Your membership and You shall not be entitled to
the refund of any subscription payments We have received from You.
We are entitled to investigate
and terminate Your membership if You have misused the Service, or behaved in a
way which could be regarded as inappropriate, unlawful or illegal. The
following is a partial, but not exhaustive, list of the types of actions that
are illegal or prohibited under this Agreement:
(a) You will not impersonate
any person or entity.
(b) You will not "stalk" or otherwise harass any person.
(c) You will not express or imply that any statements You make are endorsed by
Us.
(d) You will not use any robot, spider, site search/retrieval application, or
other manual or automatic device or process to retrieve, index, "data
mine," or, in any way reproduce or circumvent the navigational structure
or presentation of the Service or its contents.
(e) You will not post, distribute or reproduce, in any way, any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
(f) You will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
(g) You will not interfere with or disrupt any Service or any site, servers or
networks connected to any Service or site.
(h) You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
(i) You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
(j) You will not "frame" or "mirror" any part of the
Service.
(k) You will not use meta tags or code or other devices containing any
reference to Us or the Service or the site connected to the Service in order to
direct any person to any other web site for any purpose.
(l) You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Service or any
software used on or for the Service or cause or enable others to do so.
(m) You will not solicit personal identifying information from other users for
commercial or unlawful purposes.
(n) You will not solicit money from other users.
(o) You will not promote information that is knowingly false, misleading or
encourages unlawful activities or conduct that is threatening, obscene,
defamatory or libelous.
INDEMNITY
BY MEMBER: You will defend, indemnify, and hold Us and Our officers,
directors, employees, agents and third parties harmless, for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees) relating to or
arising out of Your use of the Service, including, but not limited to (i) Your
breach of this Agreement; (ii) any allegation that any materials that You submit
to Us or transmit to the Service infringe or otherwise violate the copyright,
trademark, trade secret or other intellectual property or other rights of any
third party; and (iii) Your activities in connection with the Service. This
indemnity shall be applicable without regard to the negligence of any party,
including any indemnified person.
ONLINE
CONTENT: Opinions, advice, statements, offers, or other information or
content made available through the Service, 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 GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE
NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US.
UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM
ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR
TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE
HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE
SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE
DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT.
NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF
THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE
EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY
ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT
REQUIRED BY APPLICABLE LAW.
INTELLECTUAL
PROPERTY. All intellectual property rights in and to the Service are and
shall be owned by Us, absolutely. Those rights include, but are not limited to,
database rights, copyright, design rights (whether registered or unregistered),
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. All other trademarks, logos, service marks, company or product
names set forth in Service are the property of their respective owners.
PRIVACY: The
personal information (including sensitive personal information) You provide to Us
will be stored on computers. You consent to Our using this information to build
up a profile of interests, preferences and browsing patterns and to allow You
to participate in the Service. You also agree to read, review, comply with,
uphold and maintain Our Privacy Policy and the terms and conditions thereof. If
you are located outside of the United States,
please note that the information that you provide is being sent to the United States.
By becoming a member of the Service, you consent to your data being sent to the
United States
and to such other third parties and jurisdictions as may be involved in the
provision and operation of the Service.
DISCLAIMERS: WE
PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF
ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH US, OUR
REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO 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. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO,
CONNECTIVITY AND AVAILABILITY.
Although each member must agree
to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age,
nor do we 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 on the Service and that You may be involuntarily exposed to
such offensive and obscene materials. It also is remotely possible for others
to obtain personal information about You due to Your use of the Service, and
that the recipient may use such information to harass or injure You. We are 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. WE DISCLAIM 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.
LIMITATION
OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP. WE DO NOT
CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE
SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT,
INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS
SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING
AND/OR MEETING WITH MEMBERS OF THE SERVICE OR VIA THE SERVICE. SUCH DAMAGES
INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND/OR EMOTIONAL
DISTRESS AND DISCOMFORT.
COMPLAINTS: To
resolve a complaint regarding the Service, You should first contact Our customer
service department by clicking: contact us.
DISPUTE
RESOLUTION: This Agreement is governed by the laws of ISRAEL without regard
to its conflict of law provisions. You agree to personal jurisdiction by and
venue in the state and federal courts of ISRAEL.
You certify that You have read
and that You agree to be bound by the terms and conditions in this Agreement
and our Privacy Policy.
Terms and Conditions of Purchase
All purchases are subject to the following terms
and conditions:
Rates: The current rates offered at FREAKLOVE.COM are:
Initial Term
Initial Cost
1 Month
39.99 $
3 Months
99.99 $
12 Months
199.99 $
* The Monthly Renewal Rate is applicable only if
you used a credit card and your subscription will continue at such rate after
the expiration of your initial subscription term. (See the Additional Terms
and Conditions.)
Additional terms and
conditions:
1.All purchases are final. No refund will be given for unused
portions of your subscription period.
2.We guarantee that mail sent by you (“Purchaser”) will be processed
by the FREAKLOVE.com system and sent to the recipient's mailbox on the FREAKLOVE.com
system. Notwithstanding, we do not guarantee a response from the recipient nor
do we make any other promises or warranties of any kind.
3.Purchaser hereby agrees that subscription privileges are
non-refundable in the event that Purchaser chooses to suspend or cancel his/her
membership. Furthermore, no refund will be made in the event of termination of
Purchaser's membership due to a violation of the Terms and Conditions of Service. In that respect, Purchaser hereby agrees that,
in addition to the grounds for termination set forth in the Terms and
Conditions of Service, offensive behavior towards other members or use of foul
language in the chat room, emails to members or in Purchaser's profile will
constitute sufficient grounds for such termination of Purchaser's membership
and/or subscription.
4.By submitting this purchase, Purchaser hereby acknowledges, agrees
and authorizes FREAKLOVE.com to renew
Purchaser's subscription, automatically, every month, at the guaranteed renewal
rate that applies to the purchase option chosen by Purchaser, until such time
as Purchaser instructs FREAKLOVE.com to stop the renewals. Renewals can be
stopped by logging in as a member and clicking on "my membership status" in your Personal
Page.
5.All disputes between FREAKLOVE.COM plc and Purchaser regarding FREAKLOVE.com
services shall be brought to a binding arbitration in accordance with the rules
of the Better Business Bureau and all such arbitration shall take place in israel.