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Terms of Use
Terms of Use
Last amended on March 31, 2009
PolishDate.com reserves the right, without notice and in its sole discretion, to terminate or cancel your agreement or restrict your access rights to the Service at any time and immediately. PolishDate.com reserves the right at any time to modify or discontinue the Service and you agree that PolishDate.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
If we may immediately terminate your membership and your access to the Service at any time because you have breached this Agreement and will send you notice of termination at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership of the Service because you have breached the Agreement, we will NOT refund any pre-payments made by you.
If you terminate your subscription, your subscription will remain active until the end of the period through which you had paid prior to your termination. In the case of violation of one or more of the terms of this Agreement by you, we may block your account, delete prohibited content, and prevent publication of all or part of your Portrait. We may also block your access to all or part of the Service, either permanently or temporarily.
PolishDate.com may deactivate the accounts of members who have not used the Service for a period of six months or more (as calculated by the date of last connection to the Service) unless you are a paying subscriber.
10. Non Commercial Use by Members and Non-Transferability The Website is for the personal use of individual members only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not become members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting user-names 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 will be taken, including without limitation, civil, criminal, and injunctive redress. 11. Non-Transferability of Member's Rights 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. 12. Online Conduct and Content Posted You are solely responsible for the content and information you publish or display on the Service or transmit to other members. You will not post on the Service or transmit to other members, or others, 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 use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in your personal profile any sexual references or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or pornographic images. PolishDate.com reserves the right to reject, deactivate or delete any profile or photo that does not comply with these prohibitions. 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 e-mail to other members. 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. You are solely responsible for your interactions with other members. PolishDate.com reserves the right, but has no obligation, to monitor disputes between you and other members.
International Users. The Service is offered from the operations of PolishDate.com in the United Kingdom. PolishDate.com makes no representation that the Service is appropriate or available in other locations. If you access the Service from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. As a member, you agree that PolishDate.com may collect, use and transfer your personal information as described in the PolishDate.com Privacy Policy (as in effect from time to time), including transfer outside the country where you live.
You understand and agree that PolishDate.com may review and delete any content, winks, messages, double-blind emails, photos or Portraits (collectively, "Content"), in each case in whole or in part, that in the sole judgement of PolishDate.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
By posting Content to any public area of PolishDate.com, you automatically grant, and you represent and warrant that you have the right to grant, to PolishDate.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify 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 sub-licenses of the foregoing. You further represent and warrant that public posting and use of your content by PolishDate.com will not infringe or violate the rights of any third party.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. PolishDate.com reserves the right to investigate and take appropriate legal action in 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. It 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 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 copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 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; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although PolishDate.com 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 our Members from such advertising or solicitation, we 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 we deem appropriate in our sole discretion.
All information you include in your Member Portrait must be accurate, current and complete. 13. Modifications to Service and Service access While PolishDate.com endeavours to ensure that this Website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. PolishDate.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PolishDate.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. 14. Blocking of IP Addresses To protect the integrity of the Service, PolishDate.com reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Service. 15. Indemnification You will defend, indemnify, and hold harmless PolishDate.com, its officers, directors, shareholders, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including without limitation any breach by you of these Terms.
In the event that a claim or action is brought against us from your activities or use of the Website or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter. 16. Online Content - Waiver of Responsibility Opinions, stories, articles, advice, statements, offers, or other information or content made available through the Service are those of their respective authors, and not of PolishDate.com, and should not necessarily be relied upon. Such authors are solely responsible for such content. PolishDate.com does not guarantee the accuracy, completeness, or usefulness of any information on the Service. It neither adopts nor endorses, nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Service. Under no circumstances will PolishDate.com be responsible for any loss or damage resulting from anyone's reliance on information, or other content posted on the Service, or transmitted to PolishDate.com members. 17. Privacy and Disclosure of Personal Information PolishDate.com is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of personal information that you post on the Service or release to others. PolishDate.com reserves the right, but has no obligation, to monitor the materials posted in the public or other areas of the Service. PolishDate.com shall have the right to remove any such material that violates, or is alleged to violate, any applicable law or this Agreement; however, you remain solely responsible for the content of the materials you post in the public or areas of the Service and for your e-mail messages sent through the Service.
Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy. The personal information (including sensitive personal information) you provide to us will be stored on our computers. You consent to us using this information to build up a Portrait of interests, preferences and browsing patterns and to allow you to participate in the Services. If you are located outside the United Kingdom, please note that the information you provide is might be sent outside the United Kingdom to United States, or other country, where some servers of our hosting providers might be located. In case the information is sent to the United States, PLEASE BE AWARE THAT THE LAWS OF UNITED STATES ARE GENERALLY NOT REGARDED AS PROVIDING 'ADEQUATE' DATA PROTECTION AS CONTEMPLATED UNDER ARTICLE 25 OF THE EUROPEAN UNION'S DATA PROTECTION DIRECTIVE (95/46/EC). BY BECOMING A MEMBER OF THE SERVICE, YOU ARE CONSENTING TO (i) THE TRANSFER OF YOUR PERSONAL INFORMATION TO THE UNITED STATES; (ii) USE IN THAT COUNTRY; AND (iii) TRANSFER OF YOUR PERSONAL INFORMATION TO THIRD PARTIES AS MAY BE INVOLVED IN THE PROVISION AND OPERATION OF THE SERVICES, IN ACCORDANCE WITH OUR PRIVACY POLICY. 18. Account and password Security You are responsible for maintaining the confidentiality of your account and password, and you agree to accept the responsibility for all activities that occur under your account or password. PolishDate.com reserves the right, in its sole discretion, to deactivate, suspend, delete or otherwise refuse the service, close your account, and remove or edit entries on any of the public or private areas of the Service. You agree to (a) immediately notify PolishDate.com of any unauthorized use of your user-name or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PolishDate.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Microsoft .Net Passport to your PolishDate.com account. 19. Proprietary Rights PolishDate.com owns and retains certain proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of PolishDate.com and its licensors. In addition, members may post copyrighted or proprietary information, which has copyright or other 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 permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, a photograph or content to any public area of PolishDate.com, you automatically grant, represent, and warrant that you have the right to grant, to PolishDate.com and other members 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 sub-licenses of the foregoing. 20. Severance If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. 21. Assignment PolishDate.com may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. 22. Copyright Infringement Take-down Procedures If you find any material for which you hold the copyright posted to PolishDate.com's Website without your permission, you may file a copyright infringement notification with PolishDate.com. To file a copyright infringement notification with us, you will need to send a written communication to PolishDate.com that includes substantially the following (please consult your legal counsel or see the Copyright Act to confirm these requirements): 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed. 2. Identification of the copyrighted work claimed to have been infringed or a representative list of such works at the PolishDate.com website. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PolishDate.com to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly. 4. Information reasonably sufficient to permit PolishDate.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Email: copyright@PolishDate.com
Please also note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. 23. Disclaimer of Warranties Use of the Service is at your sole risk. All content and services provided by PolishDate.com on the Service is provided "as is" and on an "as available basis." Neither PolishDate.com nor any of its affiliates, subsidiaries, or designees nor any of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, advertisers, sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the Service will be uninterrupted or error-free. Neither PolishDate.com nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on the Service. PolishDate.com DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 24. Limitation of Liability In no event will PolishDate.com be liable for any direct, 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 PolishDate.com or its agents or representatives know or have been advised of the possibility of such damages. PolishDate.com'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 PolishDate.com for the Service during the term of membership. In addition, PolishDate.com disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users) of the Service. Certain jurisdictions limit the applicability of warranty, disclaimers, and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you. 25. Jurisdiction These Terms are governed by the laws of England and Wales. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of England and Wales without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the courts of London, United Kingdom. 26. Class Action Waiver You may only bring claims in an individual capacity and not as a class representative or a class member in a class or representative action. If an arbitrator determines that your waiver of any ability to participate in class or representative actions is unenforceable under applicable law, the foregoing arbitration agreement will not apply, and you and we agree that such claims will be resolved by a court of appropriate jurisdiction, other than a small claims court. 27. Entire Agreement 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 PolishDate.com 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. 28. Contact Information If you have any questions about the rights and restrictions above, please contact us at legal@PolishDate.com or here. Please contact us with any questions regarding this agreement. PolishDate.com is a trademark of PolishDate.com and FutuRise Interactive, London, UK. 29. Complaints To resolve a complaint regarding the Service, you should first contact PolishDate.com Customer Support at support@PolishDate.com.
Please read this document carefully.
If you are:- 18 or younger, or
- married, or
- you have been convicted or charged with sex or violent crime or offence,
you are not allowed to use this service - please click here to leave our service now.
PolishDate.com reserves the right, without notice and in its sole discretion, to terminate or cancel your agreement or restrict your access rights to the Service at any time and immediately. PolishDate.com reserves the right at any time to modify or discontinue the Service and you agree that PolishDate.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
If we may immediately terminate your membership and your access to the Service at any time because you have breached this Agreement and will send you notice of termination at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership of the Service because you have breached the Agreement, we will NOT refund any pre-payments made by you.
If you terminate your subscription, your subscription will remain active until the end of the period through which you had paid prior to your termination. In the case of violation of one or more of the terms of this Agreement by you, we may block your account, delete prohibited content, and prevent publication of all or part of your Portrait. We may also block your access to all or part of the Service, either permanently or temporarily.
PolishDate.com may deactivate the accounts of members who have not used the Service for a period of six months or more (as calculated by the date of last connection to the Service) unless you are a paying subscriber.
10. Non Commercial Use by Members and Non-Transferability The Website is for the personal use of individual members only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not become members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting user-names 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 will be taken, including without limitation, civil, criminal, and injunctive redress. 11. Non-Transferability of Member's Rights 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. 12. Online Conduct and Content Posted You are solely responsible for the content and information you publish or display on the Service or transmit to other members. You will not post on the Service or transmit to other members, or others, 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 use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in your personal profile any sexual references or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or pornographic images. PolishDate.com reserves the right to reject, deactivate or delete any profile or photo that does not comply with these prohibitions. 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 e-mail to other members. 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. You are solely responsible for your interactions with other members. PolishDate.com reserves the right, but has no obligation, to monitor disputes between you and other members.
International Users. The Service is offered from the operations of PolishDate.com in the United Kingdom. PolishDate.com makes no representation that the Service is appropriate or available in other locations. If you access the Service from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. As a member, you agree that PolishDate.com may collect, use and transfer your personal information as described in the PolishDate.com Privacy Policy (as in effect from time to time), including transfer outside the country where you live.
You understand and agree that PolishDate.com may review and delete any content, winks, messages, double-blind emails, photos or Portraits (collectively, "Content"), in each case in whole or in part, that in the sole judgement of PolishDate.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
By posting Content to any public area of PolishDate.com, you automatically grant, and you represent and warrant that you have the right to grant, to PolishDate.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify 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 sub-licenses of the foregoing. You further represent and warrant that public posting and use of your content by PolishDate.com will not infringe or violate the rights of any third party.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. PolishDate.com reserves the right to investigate and take appropriate legal action in 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. It 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 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 copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 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; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although PolishDate.com 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 our Members from such advertising or solicitation, we 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 we deem appropriate in our sole discretion.
All information you include in your Member Portrait must be accurate, current and complete. 13. Modifications to Service and Service access While PolishDate.com endeavours to ensure that this Website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. PolishDate.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PolishDate.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. 14. Blocking of IP Addresses To protect the integrity of the Service, PolishDate.com reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Service. 15. Indemnification You will defend, indemnify, and hold harmless PolishDate.com, its officers, directors, shareholders, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including without limitation any breach by you of these Terms.
In the event that a claim or action is brought against us from your activities or use of the Website or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter. 16. Online Content - Waiver of Responsibility Opinions, stories, articles, advice, statements, offers, or other information or content made available through the Service are those of their respective authors, and not of PolishDate.com, and should not necessarily be relied upon. Such authors are solely responsible for such content. PolishDate.com does not guarantee the accuracy, completeness, or usefulness of any information on the Service. It neither adopts nor endorses, nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Service. Under no circumstances will PolishDate.com be responsible for any loss or damage resulting from anyone's reliance on information, or other content posted on the Service, or transmitted to PolishDate.com members. 17. Privacy and Disclosure of Personal Information PolishDate.com is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of personal information that you post on the Service or release to others. PolishDate.com reserves the right, but has no obligation, to monitor the materials posted in the public or other areas of the Service. PolishDate.com shall have the right to remove any such material that violates, or is alleged to violate, any applicable law or this Agreement; however, you remain solely responsible for the content of the materials you post in the public or areas of the Service and for your e-mail messages sent through the Service.
Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy. The personal information (including sensitive personal information) you provide to us will be stored on our computers. You consent to us using this information to build up a Portrait of interests, preferences and browsing patterns and to allow you to participate in the Services. If you are located outside the United Kingdom, please note that the information you provide is might be sent outside the United Kingdom to United States, or other country, where some servers of our hosting providers might be located. In case the information is sent to the United States, PLEASE BE AWARE THAT THE LAWS OF UNITED STATES ARE GENERALLY NOT REGARDED AS PROVIDING 'ADEQUATE' DATA PROTECTION AS CONTEMPLATED UNDER ARTICLE 25 OF THE EUROPEAN UNION'S DATA PROTECTION DIRECTIVE (95/46/EC). BY BECOMING A MEMBER OF THE SERVICE, YOU ARE CONSENTING TO (i) THE TRANSFER OF YOUR PERSONAL INFORMATION TO THE UNITED STATES; (ii) USE IN THAT COUNTRY; AND (iii) TRANSFER OF YOUR PERSONAL INFORMATION TO THIRD PARTIES AS MAY BE INVOLVED IN THE PROVISION AND OPERATION OF THE SERVICES, IN ACCORDANCE WITH OUR PRIVACY POLICY. 18. Account and password Security You are responsible for maintaining the confidentiality of your account and password, and you agree to accept the responsibility for all activities that occur under your account or password. PolishDate.com reserves the right, in its sole discretion, to deactivate, suspend, delete or otherwise refuse the service, close your account, and remove or edit entries on any of the public or private areas of the Service. You agree to (a) immediately notify PolishDate.com of any unauthorized use of your user-name or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PolishDate.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Microsoft .Net Passport to your PolishDate.com account. 19. Proprietary Rights PolishDate.com owns and retains certain proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of PolishDate.com and its licensors. In addition, members may post copyrighted or proprietary information, which has copyright or other 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 permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, a photograph or content to any public area of PolishDate.com, you automatically grant, represent, and warrant that you have the right to grant, to PolishDate.com and other members 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 sub-licenses of the foregoing. 20. Severance If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. 21. Assignment PolishDate.com may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. 22. Copyright Infringement Take-down Procedures If you find any material for which you hold the copyright posted to PolishDate.com's Website without your permission, you may file a copyright infringement notification with PolishDate.com. To file a copyright infringement notification with us, you will need to send a written communication to PolishDate.com that includes substantially the following (please consult your legal counsel or see the Copyright Act to confirm these requirements): 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed. 2. Identification of the copyrighted work claimed to have been infringed or a representative list of such works at the PolishDate.com website. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PolishDate.com to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly. 4. Information reasonably sufficient to permit PolishDate.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Email: copyright@PolishDate.com
Please also note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. 23. Disclaimer of Warranties Use of the Service is at your sole risk. All content and services provided by PolishDate.com on the Service is provided "as is" and on an "as available basis." Neither PolishDate.com nor any of its affiliates, subsidiaries, or designees nor any of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, advertisers, sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the Service will be uninterrupted or error-free. Neither PolishDate.com nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on the Service. PolishDate.com DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 24. Limitation of Liability In no event will PolishDate.com be liable for any direct, 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 PolishDate.com or its agents or representatives know or have been advised of the possibility of such damages. PolishDate.com'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 PolishDate.com for the Service during the term of membership. In addition, PolishDate.com disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users) of the Service. Certain jurisdictions limit the applicability of warranty, disclaimers, and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you. 25. Jurisdiction These Terms are governed by the laws of England and Wales. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of England and Wales without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the courts of London, United Kingdom. 26. Class Action Waiver You may only bring claims in an individual capacity and not as a class representative or a class member in a class or representative action. If an arbitrator determines that your waiver of any ability to participate in class or representative actions is unenforceable under applicable law, the foregoing arbitration agreement will not apply, and you and we agree that such claims will be resolved by a court of appropriate jurisdiction, other than a small claims court. 27. Entire Agreement 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 PolishDate.com 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. 28. Contact Information If you have any questions about the rights and restrictions above, please contact us at legal@PolishDate.com or here. Please contact us with any questions regarding this agreement. PolishDate.com is a trademark of PolishDate.com and FutuRise Interactive, London, UK. 29. Complaints To resolve a complaint regarding the Service, you should first contact PolishDate.com Customer Support at support@PolishDate.com.