Please read the following User Agreement.
When you sign up for any service within the xdatingclub.com site (the "Site"), all of which services are hereinafter referred to collectively as the "Service," you agree to all of the terms and conditions of this User Agreement (the "Agreement"). This Agreement constitutes the agreement between xdatingclub.com and you with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. Please read the following terms and conditions carefully, as they form the agreement between xdatingclub.com or any of its successors or assigns (referred to herein as ", "we" or "us") and you (sometimes referred to herein as "you", "your" or the "User"). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.
Right to Use
Your right to use the Service is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Site or Service at any time, including the availability of any Site or Service feature, database, or content. We may also impose limits on certain features and aspects of the Site or Service or restrict your access to parts or all of the Site or Service without notice or liability.
The Site and Service must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of the Site or Service would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Site and Service must not be accessed by (i) anyone located in China, Cuba, Iran, Iraq, Libya, Pakistan, Saudi Arabia, and Syria, or any other country under U.S. embargo; or (ii) any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.
THIS SERVICE IS FOR ADULTS ONLY. By using or viewing the Site or the Service, you represent, warrant, and covenant that you are aware that the Service may contain explicit adult oriented materials, are at least 18 years old or the age of majority in your jurisdiction, and are not prohibited by law from using the Site or Service. If you use of the Site or Service in violation of this section, you may be subject to legal action as a result.
Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
a) You are solely responsible for any content, including, but not limited to, text, audio or video recordings, photographs, graphic depictions, or any other type of material, data or information (collectively, the "Content") that you post on the Site or display to other members of the Service. You will keep all Content provided to you through the Service private and confidential and will not disclose such Content to anyone without the permission of the person who provided it to you;
b) You are aware that the Service may contain explicit adult oriented materials provided only by consenting users;
c) You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting of any Content that contains sexual conduct (whether actual or simulated); libelous, slanderous, abusive or defamatory statements; or racist, pornographic, obscene, or offensive language;
d) You will not post any Content or use the Service in any way that:
i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or
ii. is fraudulent or otherwise unlawful conduct in connection with your use of the Service or violates any law.
e) You will not use the Service to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services;
f) Your use of the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts with other users;
g) You will not use the Service to infringe on any privacy right, property right, or other civil right of any person; and
h) You will not forward any chain letters through the Service.
Privacy and Use of Information.
As more fully set forth in our Privacy Statement, your personal information will not be resold to any third party.
Content Posted By Members
By agreeing to the terms and conditions of this Agreement, you represent and warrant that all Content you upload to the Site does not in any way infringe on anyone's intellectual property rights. You also authorize xdatingclub.com to post any and all photographs uploaded by you throughout xdatingclub.com and other associated websites featuring other members of the Service. xdatingclub.com hereby asserts immunity with respect to all Content provided by members or other third parties, as provided by law, including, but not limited to, under the Communications Decency Act. We will remove any Content that you may post on the Site upon being notified, as provided in these terms and conditions, that the Content you post on the Site violates the intellectual property rights of another. We may remove any Content that you post on this Site that we believe, in our sole discretion, violates this Agreement without any obligation to provide you prior notice of such removal. Members and others are prohibited from uploading any Content to the Site which, in our sole opinion, might be illegal or offensive, including, but not limited to, Content involving bestiality, urination, other bodily excretions, defamatory material or otherwise obscene material, or any conduct that violates the prohibitions set forth under "Code of Conduct," above, or any other provision of this Agreement. You may not post any Content that solicits any information or response from anyone under 18 years of age, mischaracterizes your identity, solicits any information that might be used for unlawful purposes, or encourages unlawful activities. You may not post any Content for commercial purposes, including, but not limited to, email marketing, advertising of goods or services, any investment opportunities, contests, or similar activities. Additionally, xdatingclub.com reserves the right, in sole discretion, to immediately suspend your account, file for injunctive relief, file for civil redress and/or report any conduct that violates these terms and conditions to any and all authorities that may have jurisdiction over the matter. In the event any actions or proceedings are brought against xdatingclub.com as a result of Content you have posted on the Site, or your engaging in any prohibited activities, as set forth in this section or in this Agreement, you agree to indemnify and hold xdatingclub.com harmless with respect to all costs and expenses, including, but not limited to, attorneys' fees that xdatingclub.com may incur as a consequence of your posting of such content or engaging in such prohibited activities.
Member's Obligation to Comply with 18 U.S.C. 2257 With Respect to Certain Content
You should be aware that, pursuant to federal law, any visual depictions that you post on the Site that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. §2256 (2)(A)(i)-(v) and 18 U.S.C. §2257A, require that you maintain the records required by 18 U.S.C. 2257 and must contain an "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement." Your failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257.
Use of Information on Service
You acknowledge and agree that:
a) We cannot ensure the security or privacy of information you provide through the Internet, email, messaging or otherwise, and through your email or other messages; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
b) We are not responsible for, and cannot control, the use of any information, by anyone, that you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
c) We cannot assume any responsibility for the content of any communication sent by any user on the Service, and you release us from any and all liability in connection with the contents of any such communication you may receive from other users;
d) You acknowledge that you cannot bring legal action against xdatingclub.com or any of its employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Service; and
e) Any and all images uploaded to xdatingclub.com become property of xdatingclub.com and may be used by xdatingclub.com, without restriction, as marketing materials. By accepting this Agreement and its terms and conditions you specifically authorize us to use any images you upload to xdatingclub.com for marketing the Site in our sole discretion.
f) You may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service, including but not limited to, information regarding a member's age and marital status. Additionally, as users may discontinue or suspend their membership at any time, we cannot guarantee that individuals seen in various advertisements are currently active members. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users or as a result of out of date information.
Notice of Claimed Infringement
The Site respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) description of the copyrighted work or other intellectual property that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on a Site;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You may send your Notice of Claimed Infringement to email@example.com.
DMCA Counter-Notification Procedure
If the recipient (the 'Recipient') of a Notice of Claimed Infringement ('Notice') feels that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined above, the Recipient is permitted to submit a counter-notification pursuant to §512(g)(2) and (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material (the "Material") pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against us relating to the Content.
To submit a counter-notification, please provide us the following information:
a) A specific description of the material that was removed or disabled pursuant to the Notice.
b) A description of where the material was located within the Site before such material was removed and/or disabled. Please provide the specific URL if possible.
c) A statement reflecting the Recipient's belief that the removal or disabling of the Material was done so erroneously. For convenience, the following format may be used: "I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled."
d) The Recipient's physical address, telephone number, and email address.
Within ten to fourteen (10-14) days of our receipt of the counter-notification, we will replace or cease disabling access to the disputed material provided that we have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material.
We reserve the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.
Monitoring of Information
We reserve the right, but have no obligation, to monitor any and all advertisements, public postings and messages to ensure that they conform to the content guidelines and this Agreement, which are both subject to change from time to time. We also reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Site. We are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all users (including unauthorized users, as well as the possibility of "hackers"). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you post or transmit through the Service.
Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, may deem to violate the Code of Conduct set out above or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or otherwise provide to users of the Service.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.
We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time, please see details on cancellation below.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
The Service may from time to time contain links to other sites and resources ("External Links"). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by xdatingclub.com or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
Advice Columnists and Compensated Members
For quality assurance purposes, to identify possible "predators" or members that may be in violation of our terms and/or applicable law, to enhance member experience and to encourage member involvement the Service may employ compensated members. The Service may offer existing or future members who are particularly active (and interesting) on the Service the opportunity to provide monitoring and/or other services to us in consideration for direct financial compensation or other benefits such as free or reduced membership fees or other incentives . If asked by another member, no compensated member will misrepresent her or himself as to whether such member is compensated. The Service may, from time to time, include messages from advice columnists who respond to "relationship" questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counseling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation are urged to consult with a qualified counselor with respect to such issues.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any xdatingclub.com related products and services. We reserve the right to disclose information about your usage of the Service and Demographics in forms that do not reveal your personal identity.
To resolve or report a complaint regarding the Service or members who use the Service users should send an email detailing such complaint to firstname.lastname@example.org. Immediate actions will take place in order to help solve the problem.
You may become a member of xdatingclub.com by completing an online registration form, which must be accepted by xdatingclub.com, and by payment of the applicable subscription fee. Upon submission of the online registration form, xdatingclub.com or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform xdatingclub.com of all changes to the registration data, including, but not limited to, changes in your address and changes in the credit card information you used in connection with billing for the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or xdatingclub.com or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, xdatingclub.com has the right to suspend or terminate your account and refuse your current or future use of xdatingclub.com and the Service, as well as possibly subjecting you to criminal and civil liability. You are responsible for dishonored checks, inappropriate "chargebacks" or credits to your credit card and any related fees that we incur with respect to your account.
Member Account, Password and Security
As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of the xdatingclub.com. You certify that when asked to choose a username you will not choose a name which falsely represents you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate. We reserve the right to modify any materials on the Site and xdatingclub.com design at anytime, with or without prior notice. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Service to anyone who is below the Age of Majority, or otherwise does not wish to view the content on xdatingclub.com. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. xdatingclub.com will not release your password for security reasons. You agree to (a) immediately notify xdatingclub.com of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Service until you notify xdatingclub.com by email regarding that unauthorized use. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify xdatingclub.com against all activities conducted through your account. You may obtain access to your billing records upon your reasonable request.
Your subscription to the Service will be automatically renewed as stated below upon expiration of the initial term, unless you notify xdatingclub.com via our online Customer Service Area. Membership fees to xdatingclub.com are prominently displayed prior to your subscription thereto. You agree to pay all membership fees when due according to these billing terms. At the time of registration, you must select a payment method. xdatingclub.com reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services that we may provide, with or without prior notice to you, at any time. WE USE AN AUTOMATIC REBILL CYCLE ACCORDING TO YOUR SELECTED PAYMENT OPTION.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.
NO WARRANTIES, LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. xdatingclub.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. xdatingclub.com MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES xdatingclub.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT xdatingclub.com'S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MEMBERSHIP FEES YOU HAVE PAID US.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the Province of Las Palmas, without regard to its conflict of law provisions. You and xdatingclub.com hereby submit to the personal jurisdiction of the province and courts of the Province of Las Palmas for resolution of all disputes. You and xdatingclub.com hereby agree that exclusive venue for any litigation under this Agreement shall be with the state and federal courts located in Las Palmas de Gran Canarias, Las Palmas.
Cancellation By User
You may cancel your membership at any time by visiting http://epoch.com/. You must cancel your membership at least twenty-four (24) hours before your monthly anniversary date to avoid being charged for another month of membership. You hereby agree to be personally liable for any and all charges incurred by you until termination of membership for goods or services through your use of the Service. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Service to which you were a member.
Termination by xdatingclub.com
Without limiting other remedies, the Service may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice, if: (a) xdatingclub.com believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users or us; or (e) xdatingclub.com decides to cease operations or to otherwise discontinue any of the xdatingclub.com or parts thereof. Further, you agree that neither xdatingclub.com nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by xdatingclub.com, you will not attempt to re-register as a member without prior written consent from xdatingclub.com.
After Termination or Cancellation
You accept that when you cancel your membership with the Service you will be automatically deleted from and locked out of the Service. You will be unable to access your account on the Service. You also agree and accept that upon cancellation your profile, mail and other membership materials will be immediately deleted from xdatingclub.com and that such information will be irretrievable. The terms of this Agreement shall survive after termination or cancellation, unless stated otherwise.