Upon our request you agree to sign a
1. THE PARTIES TO THIS AGREEMENT
You are entering into this Agreement with Timespace Holdings Limited registered at
You authorise us to reproduce and broadcast the information contained in your profile throughout all or part of our Partner Sites for the purposes of delivering the Services to you and for marketing and other purposes as explained in more detail below under section 6(B) Our rights to use your content for our own purposes.
We may, from time to time, create profiles, which are created, maintained and managed by our employees («Staff Profiles»). The purpose of these Staff Profiles is to enable us to ensure our Services are operating properly by testing the Services, features and functionalities, and to research our products and Services. All Staff Profiles will be identifiable as such and in the event that you opt to communicate or interact with a Staff Profile you will be made aware of the nature of this Staff Profile. In an effort to protect users from receiving deceptive links and content through messages sent from individuals our systems have flagged as scammers, we will censor any flagged messages and replace the content of these messages with links to our partner sites. Any censored messages will be marked with a special icon tooltip to explain that the SiteAdmin has flagged the message and replace the content with safer links.
2. THE SERVICES
3. HOW YOU CAN ACCESS OUR SERVICES
You can access the Services in the following ways, and by website visits or mobile applications:
(1) By viewing profiles, sending ice breakers or photograph requests («Guest»);
(2) By registering for the Services and purchasing credits to send and receive chat messages with other users («Paid Member»)
4. ABOUT CREDITS
A. CREDITS FOR CHAT
If you would like full access to all features and areas within the Services, you should purchase one of our Credit Packages. As a Paid Member you expressly agree to us providing the Services to you immediately upon payment by you.
Our Credit Packages may vary from time to time, but are currently:
Package 1: 50 $ for 100 creditsPackage 2: 70 $ for 200 creditsPackage 3: 100 $ for 400 credits
Sending a message to another user costs 10 credits per message. Reading a message received costs 5 credits per message.
When you have used all of your Credit Package, you will be required to purchase a further Credit Package to continue to use all chat features of the Services.
The fees payable for each of our Credit Packages are set out on the payment page of the at the point of making payment. Please review the payment page very carefully when you come to make payment.
We reserve the right to alter these Credit Packages at any time, or introduce further paid for features on the Services.
B. DISPUTES ABOUT BILLING
In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.
Please note if you have made payment for our application through Apple’s iTunes service, in accordance with Apple’s developer policies, we shall not issue any refunds if you have purchased our app in this way.
5. YOUR USE OF OUR SERVICES
To ensure compatibility with your device and our Services, please note that our application is available only on iOS.
A. PERSONAL USE
Your account is for your personal use only. You may not authorise others to use your account or attempt to use another member’s account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity.
You are solely responsible for you own actions and those of anyone using your account, and assume all liability regarding, (i) the information and content you or anyone using your account, posts on your behalf; (ii) the information and content you or anyone using your account post, transmit, publish, or otherwise make available through the Services; and (iii) your or anyone using your account’s interactions with other members through the Services.
B. YOUR USE OF OUR SERVICES: INFORMATION YOU SUBMIT
If you register with us to use our Services, you warrant that you will:
- Provide all the information required to complete the registration forms for our Services;
- Ensure the information you provide is complete, accurate and up to date and you will promptly update all information to keep your account and billing information complete and accurate upon any change (such as change of billing address, credit card number or expiration date);
- You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction, of the United Kingdom, of Australia or of the United States of America;
- Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
- If you create an account, you (i) have never been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency; and
- You are either single or separated from your spouse or domestic partner;
- Only post information and content that is relevant to our members (please see below under ‘Restrictions on your use of the Site’ for further details of the restrictions on the type of information and content you can post);
- Be fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account; and
- Only post genuine ratings of and comments on other members’ profiles and other content based on your personal experience. Please note that any comments you make, if false, could be defamatory and could lead to legal proceedings being taken against you.
Please note that we do NOT conduct any form of background screening, criminal or otherwise on any user or member of our Services in any territory.
C. RESTRICTIONS ON YOUR USE
You agree that you will not post any content on through the Services, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the Services that, in our sole judgment:
- impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity;
- discloses any personal or confidential information of any person or organisation without first obtaining their consent or solicits another person’s personal information for commercial or unlawful purposes;
- discloses, solicits or requests personal information from anyone under the age of 18 or discloses or solicit passwords for unlawful purposes;
- contains any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- promotes racism, bigotry, hatred or physical harm against any group or individual;
- promotes or enables illegal or unlawful activities;
- is intended to harass, annoy, threaten or intimidate any other members or other people or organisations;
- is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18) or which may cause annoyance or inconvenience;
- is deliberately misleading or fraudulent;
- contains others’ copyrighted content (such as music, videos, photographs, images etc) trademarks, patents, trade secret or other proprietary information, without first obtaining their consent;
- uses the Services for chain letters, junk mail or spam
- advertises or solicits any member to buy or sell any products or services including but not limited to uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, «affiliate marketing codes», «link referral code», or any other form of commercial solicitation;
- interferes or disrupts networks connected to the Services or attempts to interfere with the proper functioning of the Services (including imposing an unreasonable load on the technical infrastructure used to operate the Site);
- contains any material which may infringe or violate any third party’s rights;
- violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the
U. S. Securitiesand Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the various governments as a foreign terrorist organisation;
- «stalk» or otherwise harass another person or user or member;
- collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users’ or members’ private information;
- post a profile or send a message to a user for any purpose other than to interact with other individuals online;
- delete or revise any content or material posted by any other person or entity;
- access data not intended for such user or logging into a server or account which the user is not authorized to access;
- attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorization;
- attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, «flooding», «spamming», «mail bombing» or «crashing» or otherwise attempting to deny service to the Site or the server of any user;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- send unsolicited messages, including promotions and/or advertising of products or services.
- forge any TCP/IP packet header or any part of the header information in any
- use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent.
If you breach the terms of this subsection regarding the sending or posting of unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.
We actively encourage all users to report any breaches of these terms to us.
D. OUR RIGHT TO REMOVE CONTENT
E. SECURITY OF YOUR LOGIN DETAILS
You agree that you are responsible for keeping your screen name and password for your account secret. You acknowledge that we are not responsible for third party access to your account that results from sharing your login or other account details or personal information by you or the theft or misappropriation of your screen name and password. We reserve the right to suspend your access to the Services or terminate your account if we suspect an unauthorised person is attempting to access it.
F. REPORTING A BREACH OF THESE USER TERMS
G1. RISKS OF USING OUR SERVICES
You assume all risk when using the Services, including but not limited to, all of the risks associated with any online or offline interactions with others, including dating. You understand that we are unable to guarantee the accuracy or completeness of information provided to you by or about other members, and that we are unable to confirm that any member is who he or she claims to be.
You acknowledge that we have no liability in respect of other members of the Services, or any party who contacts you through the Services. We do not conduct criminal or any other background checks on any member in any territory and you should exercise caution.
You understand that we make no guarantees or warranties, either express or implied, regarding your ultimate compatibility with individuals you meet through the Services or as to the conduct of such individuals. You further understand that we make no guarantees or warranties as to the number or frequency of matches made available to you through the Services.
G2. BACKGROUND AND CRIMINAL CHECKS OF USERS
You are solely responsible for your interactions with other members of the Services. You understand that we do not in any way: (1) monitor the activity of our members either offline or online; (2) screen or interview our members; (3) inquire into the background of our members (including conducting criminal background checks); or (4) attempt to verify the accuracy or statements made by members. We make no representations or warranties about the conduct of members or those acting on their behalf. You will take reasonable precautions in all communications, meetings, or interactions with other members of the Website, particularly if you decide to meet offline or in person. You should not divulge personal or financial information to strangers. To learn more about online dating safety, click here or click here.
H. INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICES
6. OUR RIGHTS
A. OUR PROPRIETARY RIGHTS
B. TO USE YOUR CONTENT FOR OUR OWN PURPOSES
By posting information or content including but not limited to copyrighted content, name and likeness and photographs to your profile pages or any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us, our Partner Sites and affiliate companies, a non-exclusive, royalty free, worldwide licence to use, copy, publish, display, reformat, translate and distribute, and broadcast, such information or content and to grant and authorise sub-licences of the same. You further waive any moral or potential infringements rights you may have in any such information or content.
Specifically please note that we may use any of your content, including your photographs, for the purposes of advertising or publicity. If you do not wish us to do this, please contact us.
7. THIRD PARTY RIGHTS
We have in place procedures for handling claims that content displayed on any of our Group Companies sites infringes a third party’s copyright. Pursuant to the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent specified in the Notice and Procedure for Making Claims of Copyright Infringement. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
8. CANCELLING YOUR MEMBERSHIP AND CUSTOMER COMPLAINT HANDLING
(A) TERM AND TERMINATION
You may cancel by deleting our App at any time but please note that we do not offer refunds on unused Credit Packages.
We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
9. LEGAL DISCLAIMERS, WARRANTIES & INDEMNITIES
A. DISCLAIMER OF WARRANTIES
This section will apply to the maximum extent permitted by applicable law.
We do not make or grant (and hereby exclude) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
We do not warrant that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected. We disclaim liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Services.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) warrant or guarantee the accuracy, completeness or usefulness of any information provided on the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, provided through the Services, or transmitted to or by any users.
B. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event will we, or any of our affiliate companies, be liable for any direct, indirect or consequential loss or damage arising out of or relating, directly or indirectly, to the use or inability to use the Services, including, without limitation, loss of income or revenue, loss of corruption of data or programs, loss of goodwill and loss of anticipated savings, even if we know or have been advised of the possibility of such loss arising.
To the maximum extent permitted by applicable law, in no event will we be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other users of the Services. This includes and is not limited to any claims, losses or damages arising from the conduct of members who have registered under false pretences or who attempt to defraud or harm you.
We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right.
D. LINKS TO OTHER THIRD PARTY SITES
Where any of our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. ENTIRE AGREEMENT, GOVERNING LAW AND CLASS ACTION WAIVER
A. ENTIRE AGREEMENT
B. JURISDICTION AND APPLICABLE LAW
C. CLASS ACTION WAIVER
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
D. Consumer Rights Information—California Residents Only.
This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Timespace Holdings Limited
P.O. Box 146, Trident Chambers, VG1110, Road Town, Tortola, British Virgin Islands
Users who wish to gain access to the members-only section of the Services must be a member in good standing. We post the current membership fees for the Website before the registration page for the Website. We reserve the right to change our fees. You may contact us using to resolve any billing disputes or to receive further information about the Services.
E. Complaints—California Residents.
You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254