By visiting our website or using any of our Services, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
APPLICABLE LAWS AND THIS AGREEMENT You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
DOs and DON'Ts
You own the information you provide WeStillDate under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant WeStillDate a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to WeStillDate, including, but not limited to, any user generated content, ideas, concepts, pictures, images, techniques or data to the services, you submit to WeStillDate, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your profile information accurate and updated.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a WeStillDate account, (3) are not a competitor of WeStillDate or are not using the Services for reasons that are in competition with WeStillDate; (4) will only maintain one WeStillDate account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of WeStillDate, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users' accounts; (4) refrain from selling, trading, or otherwise transferring your account to another party; and (5) refrain from charging anyone for access to any portion of WeStillDate, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact us through the website.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through WeStillDate.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to WeStillDate storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services here. For a refund, please contact us through the website.
NOTIFICATIONS AND SERVICE MESSAGES
For purposes of service messages and notices about the Services to you, We may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the postal service. Please review your Settings to control what kind of messages you receive from Us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. Furthermore, you also acknowledge and agree that we shall have no liability associated with sending notifications to your contacts or friends that you give us prior authorization for.
CONTRIBUTIONS TO WeStillDate
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to WeStillDate through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) We are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) We shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) We may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Us all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Us under any circumstances.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do's and Don'ts listed above, we grant you a limited, revocable, nonexclusive, nonassignable, non-sublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of WeStillDate or its Users), view information and use the Services that we provide on Our webpages and in accordance with this Agreement. Any other use of WeStillDate is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in WeStillDate and all related items, including any and all copies made of the WeStillDate website.
For as long as WeStillDate continues to offer the Services, we shall provide and seek to update, improve and expand the Services. As a result, we allow you to access WeStillDate as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue our Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. WeStillDate further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Us to be contrary to this Agreement. For avoidance of doubt, WeStillDate has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
We also are not liable or responsible for technical or other interruptions to the Service, whether or not we are at fault. You acknowledge to use the Service "as is". We make no warranties as to the availability of the Service, or its suitability for a particular purpose, in the future.
DISCLOSURE OF USER INFORMATION
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of WeStillDate, our Users or the public.
CONNECTIONS AND INTERACTIONS WITH OTHER USERS.
You are solely responsible for your interactions with other Users. We may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services.
To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. If you are dissatisfied or harmed by WeStillDate or anything related to WeStillDate, you may close your account and terminate this agreement and such termination shall be your sole and exclusive remedy.
WeStillDate does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, WeStillDate disclaims all liability for identity theft or any other misuse of your identity or information.
WeStillDate does not guarantee that the services it provides will function without interruption or errors in functioning. in particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. WeStillDate disclaims all liability for damages caused by any such interruption or errors in functioning.
LIMITATION OF LIABILITY
Neither WeStillDate nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Us. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and Not apply to any damage that WeStillDate may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement. Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to WeStillDate via written notice. This notice will be effective upon Us processing your notice. WeStillDate may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice.
MISUSE OF THE SERVICES
WeStillDate may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing our messaging services; creating multiple or false profiles; using the Services commercially without our authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts listed earlier, or any other behavior that WeStillDate, in its sole discretion, deems contrary to its purpose.
This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access WeStillDate, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Notwithstanding the above, you agree that WeStillDate shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
NOTICES AND SERVICE OF PROCESS
In addition to Section 2.h. ("Notices and Service Messages"), we may notify you via postings on our Website. You may contact us via email: info@WeStillDate.com
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.WeStillDate.com or notifying you otherwise.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
NO INJUNCTIVE RELIEF
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
ASSIGNMENT AND DELEGATION
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, WeStillDate for any third party that assumes our rights and obligations under this Agreement.
WeStillDate USER "DOS" AND "DON'TS."
Do undertake the following:
Don't undertake the following:
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to WeStillDate; Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature; Create a user profile for anyone other than a natural person or for anyone other than yourself; Harass, abuse or harm another person, including sending unwelcomed communications to others; Invite people you do not know to join your network; Upload a profile image that is not your likeness or a head-shot photo; Use or attempt to use another's account without authorization from the Company, or create a false identity; Upload, post, email, InMail, transmit or otherwise make available or initiate any content that: Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of the Service; Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on WeStillDate (excluding content posted by you) except as permitted in this Agreement; Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof Utilize or copy information, content or any data you view on and/or obtain from WeStillDate to provide any service that is competitive with US; Rent, lease, loan, trade, sell/re-sell access to WeStillDate or any information therein, or the equivalent, in whole or part; Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from WeStillDate except as expressly permitted in this Agreement or as the owner of such information may expressly permit; Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site; Use bots or other automated methods to access WeStillDate, add or download contacts, send or redirect messages, or perform other activities through WeStillDate, unless explicitly permitted by WeStillDate; Access, via automated or manual means or processes, WeStillDate for purposes of monitoring WeStillDate's availability, performance or functionality for any competitive purpose; Engage in "framing," "mirroring," or otherwise simulating the appearance or function of WeStillDate's website.