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Membership Subscription Terms of Service Agreement

TERMS & CONDITIONS

These Terms & Conditions (hereinafter the “Terms” or “Agreement”) are entered into by and between You, a natural person identified upon the registration (hereinafter referred to as “You”) and Theme Bow Limited, a private limited company from England and Wales, and with registered office at Office 6B, The Watch Oak, Chain Lane, Battle, East Sussex TN33 0YD, United Kingdom (hereinafter referred to as “We”, “Us” or the “Company”, as the case may be), sole owner of CASUALHOOKUP.COM™ and proprietor of the domains, systems, trademarks, and platform used in connection with the rendering of online dating services (hereinafter, together with all CASUALHOOKUP.COM’s websites, mobile applications, and other digital and interactive services that link to these Terms, collectively referred to as the “Services”), and governs your access to and use of such Services.

I. INTRODUCTION

The aim of these Terms is to set forth the terms and conditions that shall govern the Company’s rendering of, as well as your access to and use of, the Services.

When clicking the button appointed for consent (e.g. “Accept”, “Next”, “Ok” and the like such buttons), or by accessing, using or signing-up to access or use the Services, no matter the purpose, manner or form, or by uploading, posting or otherwise submitting any User Content (as it will be defined hereinbelow) to or through the Services, You, on your own account, as well as by your successors and assigns, acknowledge and represent to have read, understood and expressly consign to be bound by and uphold these Terms. Without limiting the foregoing, You hereby grant Us your full and unrestricted consent, while using the Services, to be subjected to and keep in compliance with all  our applicable, as they may be enacted and amended from time to time, whether or not incorporated hereto by reference or otherwise, including, but not limited to, the Company’s Privacy Policy, which explains, among other things, how the Company collects Your personal data, as well as the legal basis of such collection (hereinafter collectively and indistinctly referred to as “Policies”).

Should You object to, reject or have otherwise any type of reservations whatsoever regarding these Terms hereunder, regardless of the specifically designated button pressed – whether for consent, as provided set fort in the previous paragraph, or for refusal (for instance, by clicking on the “Reject”, “Cancel”, “Back” button or any similar wording), if there was any, You must immediately stop accessing, using or signing-up to use the Services, as well as from further uploading, posting or otherwise communicating any User Content (as defined hereinbelow) to or through the Services. In any case, the use of the Services under such circumstances shall be construed as a non-unauthorized use of the Services, treated as strictly prohibited according to the Terms herein. In case that You previously entered into a written agreement of any kind with the Company, that either incorporates these Terms by reference therein or govern over the same subject matter, except if explicitly mentioned here below, these Terms are to be deemed likewise enforceable and binding upon You, whether in the event of express consent by You or the lack of it (i.e. Should you click or not on the specifically designated button for consent or for refusal, in accordance with the provided hereinabove).

We hereby reserve the right to, at our sole and exclusive discretion, update, amend or otherwise affect any changes to these Terms, the Policies and the Services, from time to time, without need to notice You in advance (to the extent permissible at law), including, but not limited to, features, specifications, capabilities, functions, licensing terms and general availability. However, We promise to keep You properly informed when making any such changes, which will be done by posting it on the website or by sending You e-mails to that e-mail address that You provided to us through the signing-up steps, or to the most current one (in case that You have changed it). By continuing to sign-in or use the Services, or any related content, whenever after a change, amendment, update or otherwise changes hereof, regardless of any objections or reservations You may have raised, whether or not timely, written or in any other way, You explicitly acknowledge, agree and grant Your complete and unreserved consent to become subjected to and bound by those updates, waiving any right related to the fact of enjoying or claiming, judicially or otherwise, any compensation or indemnification arising from it (or related to it). Except as than as provided in the Class Action Waiver section of these Terms, any such alterations shall be immediately enforceable upon you when being posted at the website, and shall apply on a going-forward manner, except if instructed in other manner in the notification made to You. If You oppose to, reject or have otherwise any objections of any kind regarding an eventual alteration under this Section, You promise herein to stop accessing, using or signing-up to use the Services, as well as from continue uploading, posting or otherwise submitting any User Content (as defined hereinbelow) to or through the Services, on any time following that alteration’s effective date. Any of the foregoing uses under such circumstances shall be construed as an use of the Services in an authorized way, deemed strictly prohibited in accordance to the Terms hereof.

Without prejudice to the foregoing, in the event that You choose to object or make any reservations in regards to an amendment, update or otherwise alteration in relation to the foregoing, You may do so within the following 15 days after that alteration’s effective date, as long a You cease and refrain from all further use of the Services as of the date when such objection or reservation is raised until Your receipt of our written reply thereof.

In case that You continue to or otherwise resume the use of the Services after objecting or making a reservation, however prior to receiving our written reply, You shall then be deemed to have expressly agreed with and granted Your full and unrestricted consent to become totally subject to and bound by those changes, having waived any right to enjoy or claim, judicially or otherwise, any compensation or indemnification thereof, in accordance with the provided hereinabove.

NOTE: Other additional terms may be applicable to You when using the Services. We will provide any such additional terms to You or post them on the Services in connection with the features to which they may apply; notwithstanding, all such additional terms are incorporated herein by reference.

II. ELIGIBILITY

In order to use the Services You must be, and You hereby represent and warrant to be, of legal age and competence. By using the Services on behalf of any third-party, You are herein representing to be an authorized representative of that third-party and that your use of the Services constitutes that third-party’s acceptance of these Terms. If You have been previously prohibited from accessing the Services by Us, You are not permitted to access the Services.

III. YOUR LICENSE; ACCOUNT REGISTRATION, PRIVACY AND UNAUTHORIZED USE

As long as You comply with these Terms, it will be granted to You a limited, non-exclusive, non-transferable, non-sublicensable, and revocable, right to access and use the Services for your own personal benefit, provided that in a strictly non-commercial manner.

Before allowing You to use the Services, We will need to ask You about some necessary information (“Registration Data”), so Your account can be created. If You fail to provide all Registration Data, in an accurate and truthful way, will prevent You from accessing to the Services. Moreover, failure to maintain the Registration Data updated, accurate and complete, shall be deemed a violation of these Terms, which may end up in suspension or termination of your access to the Services, which shall be determined at our sole discretion. 

All Registration Data submitted by You upon your account registration is exclusively property of the Company, and shall be subject to our Privacy Policy, which is found  available at https://www.casualhookup.com/site/privacy.You hereby expressly authorize Us to use and reuse your Registration Data, including, without limitation, personally identifiable information. We shall use all commercially reasonable efforts to protect, secure and safeguard the Registration Data according to the applicable general data protection regulation. You may edit or update your personally identifiable Registration Data, at any time, by means of written request to our address, which is provided hereunder.

When You create an account to use the Services, You shall be requested, during the registration process, to create an username and password. The password that You set must be secure and unique, and will be demanded to access your account from that moment on and also to access to the Services. You are the unique responsible for protecting and safeguarding the provided username and password from any unwarranted disclosure or unauthorized use, therefore, You will be held fully liable for any and all activities that might occur under the use of your username and password, whether if is actually done by you or not.

At all times, You undertake to keep us informed of any event that You may become aware of, and that is related to the unauthorized use of your username or password, whether suspected or material, or otherwise breach of security regarding Your password or the Services. We may not be held liable for any loss or damage resulting from Your own failure in protecting and safeguarding Your own account from unauthorized or unwarranted access or use, or for Your own failure in maintaining Your password in a confidential and secure manner. By completing Your account registration, You agree that You shall prevent others from using Your account and to be held fully responsible for all activities performed under Your username and password. Any and all communications We receive under Your account shall be deemed to have been made by You.

In no case We shall be held liable for any damages, liability, loss, expenses or attorneys’ fees that You may incur as a result of someone else using Your username or password, either with or without Your knowledge, and regardless of whether We should expect such unauthorized use. In any case, it shall be You the only held liable for losses, damages, liability, expenses and attorneys’ fees incurred by Us or an eventual third-party due to someone else using Your account.

Moreover, We reserve the right to, at our sole discretion, deny your registration. Should your registration be denied, any and all use or access of the Services by You shall be construed as an unauthorized use of the Services.

IV. CONTENT POSTED WHILE USING THE SERVICES

The Services may enable You to submit, communicate, upload, publish, link, transmit, record, display or otherwise make available in a public or private manner (Hereinafter, referred to as “post”) data, information and content including, without limitation, videos, images, recordings, reviews, texts, messages, ideas, comments and other content (Hereinafter, referred to as “User Content”). You shall be the sole responsible for the User Content posted by You.

You acknowledge and agree that We are a passive conduit for User Content, and that all User Content is the sole responsibility of the person from whom the User Content originated, indistinctly if it has been posted publicly or privately.

We hereby disclaim and undertake no responsibility or liability for any duty to avoid or spot intellectual property right infringements or to review, assess, monitor or to screen in any manner the User Content posted in relation in any way with the use of the Services for possible (a) infringement or enforcing Your rights or third-party rights with respect to Content; (b) unlawful, inappropriate or unpermitted use; or (c) non-compliance with governmental laws or regulations.

In addition, We disclaim any guarantee as to the assurance that any User Content will be to Your satisfaction. You acknowledge and agree that, by using the Services (i) You may be exposed to User Content that might be considered as offensive, indecent or objectionable; and (ii) Others’ User Content that may contain errors or omissions. To this regard, You also acknowledge and agree that We have no obligation to, nor do We, screen or review any User Content posted or published through the Services, for material which may be deemed vulgar, offensive, indecent, objectionable, or for potential falsehoods, libels, defamatory material, errors or omissions contained in it. Under no circumstances We shall be deemed liable, in any manner, for any User Content, including, but not limited to, for any defamation, falsehoods, libels, errors or omissions in any such User Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such User Content posted, delivered or otherwise transmitted through the Services.

Furthermore, at all times, You expressly undertake to keep Us harmless and indemnified against any damages, losses or otherwise liabilities arising out or in connection with the User Content in accordance with the foregoing, and You further undertake to keep Us informed (as soon as You become aware of) about any infringement (also if suspected) in relation to  intellectual property rights.

V. USER CONTENT LICENSING, PRESERVATION AND ADVERTISING

Upon posting any User Content on or through the Services, You will grant Us with an irrevocable, perpetual, world-wide, royalty-free, non-exclusive, and sublicensable, license to use and process such User Content, no matter if it is done in whole or partially, under any current or future format or medium, with strict fulfilment of the applicable general data protection regulation and pursuant to the Company’s corporate activities including, without limitation, to: (a) secure, encode, host, cache, route, reformat, modify, edit, adapt, translate, analyze and develop algorithms and reports based on access to and use of the User Content; (b) use, exhibit, broadcast, publish, publicly display, publicly perform, distribute, copy, store, reproduce, promote and store the User Content on, by means of, or otherwise in connection with the Services; (c) develop derivative works from, selling, leasing, transmitting, disassembling, utilizing and processing the User Content to test and advance the Company’s proprietary technologies and processes.

You further acknowledge and agree that We may preserve and disclose User Content, whenever it is required by law or, in accordance with these Terms, as well as it may be reasonably construed as necessary to: (a) enforcing these Terms; (b) complying with legal process; (c) protecting our rights, property, or personal safety of our affiliates and the public; and/or (d) responding to claims that any User Content violates the rights of third-parties.

Lastly, You further acknowledge and agree that the technical processing and transmission of the Services, including your User Content, may implicate (i) transfers over different networks; and (ii) updates in order to adjust and adapt to technical requirements of connecting networks or devices.

VI. REPRESENTATIONS OF USER CONTENT

By posting any User Content on or through the Services, You represent to be exclusively and solely liable for: (a) abiding any of these Terms; (b) posting any Prohibited Content; (c) obtaining all necessary consents, permissions, licenses and waivers from copyright owners, artists, actors, directors, performers, writers, producers, or any other individuals, in connection with the User Content; (d) owning or otherwise controlling all rights to any User Content that You post on or through the Services. (e) obtaining any required synchronization and master use licenses from the owners of the musical compositions and sound recordings embodied in the User Content, if any; (f) satisfying any payments pertaining to labor unions and guilds, to the extent required under applicable law or collective bargaining agreements or any similar, as the case may be, related to the post of the User Content; (g) obtaining public performance licenses from public performance rights collection organizations, if applicable; (h) complying with all laws, rules and applicable regulations. 

You agree that You will indemnify, defend, and hold Us harmless for all claims arising out of the User Content You post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes and, in any case, You will cooperate with Us in asserting any available defenses.

VII. RESTRICTIONS TO CONTENTS’ RIGHTS

Nothing under these Term shall be construed as to grant You, by implication, estoppel, or otherwise, any license or right to use any User Content accessed via the Services, without the prior written consent of that User Content’s owner. Any and all rights not explicitly granted herein are reserved to their owner or otherwise to the holder of their legal title. Under no circumstance, We may be held liable for the: (i) selection, acquisition, distribution and licensing of User Content; or (ii) acquisition and payment of any third-party licenses, rights clearances or other permissions needed from unions, guilds or other entities to use User Content in the manner authorized by You. You are solely responsible for maintaining copies of the User Content and shall take precautionary measures to backup and protect it. We have no obligation to provide You, or otherwise any third-party, with backup or archival copies of any User Content posted on or through the Services.

You further acknowledge and agree that the rights of access to others’ User Content, granted to You on or through the Services, are strictly limited to the terms of those rights that You shall have obtained in connection with the receipt of the User Content itself. Except as explicitly permitted, You may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any User Content to which You have gained access through the Services, including, without limitation, by incorporating data and or User Content from the Services into any e-mail, search, catalogue, directory, or other “white pages” products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and other form of unlawful behavior for which you may be held criminally and civilly liable.

VIII. REVISION OF THE CONTENT

We reserve the right to, at our discretion, pre-evaluate or otherwise screen any User Content, in whole or partially, before or whilst it is being posted to the Services, however, We and our designees have no obligation to do it. Moreover, We further reserve the right, undertaking however no obligation to, in our sole discretion, reject, move, edit or remove any User Content that is posted to the Services. The foregoing notwithstanding, We and our designees may remove any User Content that breaches these Terms or is otherwise objectionable (at our exclusive discretion).

You further acknowledge and agree that We do not assess, adopt, ratify, or sanction User Content, and that it is solely Your duty to evaluate and bear all risks associated with Your use of, including, without limitation, Your reliance on the precision, completeness, or usefulness of, the User Content.

Also, You acknowledge that We are, and that You engage Us herein as, providers of an interactive computing service. We expressly reserve the rights to not be treated as the publisher or advocate of any information provided by another information content provider on or through the Services.

Lastly, You recognize and accept that, should the Services provide You with an opportunity to interact with a third-party’s service (for example, Instagram, Facebook, Twitter, etc.), any interaction of that kind shall be subject to that third-party’s terms of service and also their privacy policy.

IX. YOUR FEEDBACK TO US

All the information that You have provided to Us by any media (whether email, or via the contact section on our website), including, without limitation, feedbacks, answers, questions, comments, suggestions, plans, ideas or the like, shall be, to the extent permitted by law, considered as non-confidential (provided that duly anonymized). We assume no obligation to, under such circumstances, protect any information from disclosure. Our receipt of such information shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Us for any purpose whatsoever, and We reserve our right to reproduce, use, disclose and distribute the information to third-parties, without need of Your previous consent, to the greatest extent permitted by law.

X. COMPLIANCE UNDER THE BOLSTERING ONLINE TRANSPARENCY ACT

"From time to time, while You use Our Services, You may interact with automated online accounts and/or false profiles, which all its content has been generated by either: a) real persons that have been only contracted or employed by Us for the purposes set-forth below; or/and b) by automated programs or scripts, which dialogues none really exist and have been generated exclusively by programming (Hereinafter, collectively referred to as Automated Profiles). 

The purpose of the implementation of Automated Profiles in Our Site is to enhance Your amusement experience and providing You with entertaining and conversational services, so You can be stimulated to use Our Services more extensively, for example, help You to intercommunicate better with other Users which are actually real. 

Please, note that any of the interactions made by Automated Profiles are the result of, in any manner, a natural person’s profile. These communications and contents may seem authentic, however, they shall be considered as false. 

According to the Bolstering Online Transparency Act or any other equivalent regulation that may be applicable, We have added tags with original nicknames to all the Automated Profiles that are being used in Our webpages, so You can clearly identify them. Such tags will always be displayed on the top bottom right of the User’s identification information."

XI. PARTNERS CONTENT

By using the Services, You acknowledge that you will interact, be exposed to, or otherwise be provided with (a) links to third-party websites or resources, such as sellers of goods and services; (b) content and information provided by third-parties; and (c) third-party products and services that are for sale directly to You (hereinafter, collectively “Partners Content”).

In any case, the Partners Content may contain affiliate marketing links, encoded by third-party partners, through which actions executed by You (for example, clicking on or making final purchases via that Partners Content), may generate revenue to Us as a monetary commission. You further acknowledge and consign to have allowed the cookies of such Partners Contents, which might be used for the purpose of assessing Your use of the Services.

Notwithstanding, under no circumstance We may be held responsible for the availability of such Partners Content, and We do not endorse nor may We be held liable or undertake any responsibility for (i) any errors or omissions in Partners Contents; (ii) any content, advertising, products, or other materials on or available from Partners Content, or (iii) any information handling practices or other business practices of the operators of Partners Contents.

You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or in regards to any Partners Content. Your interactions with the Partners Content will be governed by the third-parties’ own terms of service and policies.

You acknowledge and understand that You may not use the Services in connection with any business, media or otherwise any other commercial purposes (hereinafter, “Commercial Use” or use by “Commercial Users”, as applicable), at the risk of immediately terminating and taking further legal actions.

For the sake of clarity, any use of the Services other than personal and consistent with these Terms, including use by competitors and the media, shall be construed as an unauthorized Commercial Use by Commercial Users.

XII. PROHIBITED CONTENT

You hereby promise to abstain yourself from using the Services with the aim of uploading, downloading, posting, e-mailing, transmitting, transferring, distributing, displaying or linking to, any User Content that:

(a) Is unlawful, harmful, tortious, defamatory, libelous, or invasive to our or third party's privacy or publicity rights;

(b) May reasonably be construed as violent, vulgar, obscene, pornographic, hateful or racially, sexually, ethnically or otherwise objectionable by, or as intended to harass, abuse or threaten any person;

(c) Exploits images or discloses personally identifiable information of children under eighteen (18) years of age or otherwise harms minors in any way;

(d) May degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexuality, disability or on other likewise morally and ethically reprehensible discrimination criteria;

(e) Advocates or promotes illegal activity, discusses any unlawful activity, irrespective of intent, or that provides instructions for an illegal activity, which will be determined under any circumstance, at our sole discretion;

(f) Contains advertising, offers for sale, or sells any item, which might be prohibited or not from publicity or sale by any applicable local, state, national, or international law, for example, firearms, explosives, weapons, alcoholic beverages, tobacco or products for human consumption including, without limitation, cigarettes and cigars, items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in any manner, any controlled substances or pharmaceuticals, any dangerous items, any items that violate or infringe the rights of other user or otherwise third-parties, any items that you do not have the legal right to sell, and any items that, on doing so through the Services, would cause Us to violate any law;

(g) Contains any malicious or invasive software, device, instructions, computer code, files, programs or other content or feature including, without limitation, any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any form of malicious code designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment, or that could otherwise diminish the quality of, interfere with the performance of, or impair the functionality of, the Services;

(h) Infringes, or otherwise may contribute to induce or facilitate the infringement of the intellectual property rights of third-parties;

(i) Could disable, overburden, or impair the normal operation of the Services;

(j) Impedes or otherwise prohibits communication or disrupts User conversations or discussions;

(k) Contains any confidential or proprietary information, such as trade secrets, or any material that You do not have a right to make available under any law or under contractual or fiduciary relationships, which must include, but shall not be limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;

(l) Falsely states or otherwise any statement that misleads or misrepresents Your affiliation with a person or entity, or facilitates or enables You to impersonate any individual or entity in a manner that does not constitute parody;

(m) May, directly or indirectly, be used as or for “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation in violation of the CAN-SPAM Act 2003, or any related law that may be applicable;

(n) Is in any way connected to any raffle, sweepstakes, contest or game requiring a fee by participants

(o) Infringes the law or encourages any type of conduct that could be deemed as a criminal offense or give rise to civil liability;

(p) Interferes with the use and enjoyment of the Services by any other person.

(q) Violates, or otherwise facilitates violation of, these Terms or any guidelines or Policies posted by Us;

(r) Child pornography, incest, bestiality, rape, and non-consensual mutilation, etc.

XIII. PROHIBITED ACTIVITIES

Whether intentionally or unintentionally, the Services shall not be used to violate any applicable local, state, national or international law, including, without limitation, any rules of any governmental authority or agency and their enforceable laws and regulations. When using the Services for any illegal purpose, or any which is not expressly allowed in these Terms, it shall be considered as a strictly prohibited use. Such prohibited uses include, without limitation, the non-exhaustive list of activities that you will find below. According to this list, You shall not:

(a) Create derivative works based upon the Services;

(b) Sell, rent, lease, sublicense or otherwise transfer or distribute the Services to third-parties;

(c) Modify, translate, reverse engineer, decompile, or disassemble the Services or alter any accompanying documentation;

(d) Attempt to or otherwise gain unauthorized access to others’ accounts;

(e) Commercially use the Services, including, without limitation, for benchmarking or to compile information for a product or service;

(f) Partake in any activities that constitute or aid in software piracy, including, but not limited to, making available tools that can be used for no purpose other than for “cracking” software or other copyrighted User Content;

(g) Collect or store personally identifiable information about other user or otherwise third-parties for unwarranted or unlawful purposes;

(h) Copy, download (other than in a way specifically permitted by these Terms, for example, through page caching necessary for personal use), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with our prior written consent;

(i) Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the user-available portions of the Services through a browser or accessing the Services through any approved API;

(j) Interfere with or disrupt, or attempt to interfere with or disrupt, the Services or our servers and networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(k) Infringe the restrictions in any robot exclusion protocol of the Services, if there was any, or bypass or circumvent other measures employed to prevent or limit access to the Services;

(l) Utilize third-party’s intellectual property when You do not hold any legal title or right;

(m) Alter, destroy or otherwise remove any copyright, trademark or other proprietary notices, images or logos displayed, provided on or embedded within the Services;

(n) Through misrepresentation or otherwise, solicit personal or sensitive information from other users, including, without limitation address, credit card or financial account information, or passwords;

(o) Impersonate any person or entity, including, but not limited to, the Company, its officials or employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity, or make false or misleading indications of origin or fact, employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including e-mails, transmitted through the Services;

(p) Restrict, inhibit, or otherwise interfere with, the use and enjoyment of the Services by any other person.

(q) Pornography, incest, bestiality, rape, and non-consensual mutilation of children, etc…

(r) Frame, inline link, or similarly display the Services or any portion of the Services;


WE RESERVE THE RIGHT, AT OUR ABSOLUTE DISCRETION, TO REMOVE ANY USER CONTENT, BLOCK ACCESS TO THE SERVICES, AND CANCEL THE ACCOUNT OF ANY USER THAT IS CONSIDERED TO BE IN VIOLATION OF THE FOREGOING.

XIV. INTELLECTUAL PROPERTY RIGHTS

We and our subsidiaries own and hold all rights, titles and interest in and to the Services as well as to any content derived, whether in whole or partially, from material supplied by Us and our partners, as well as other sources including, without limitation, associated intellectual property rights (collectively, our “Proprietary Rights”).

Our Intellectual Property Rights are protected under any applicable law regarding trademarks, service marks copyright, trade secrets, patents and the alike, including, but not limited to, the U.S. Copyright Act.

You acknowledge that the Services have been prepared, selected, compiled, developed, revised, and arranged by Us and others through the application of standards and methods of judgment developed and applied through the employment of substantial time, effort, and money and that any and all intellectual property and trademark rights stemming therefrom are owned by, and any goodwill associated with the use of such shall inure to the benefit of, the Company.

You hereby promise to protect Ours and other relevant third-parties’ Intellectual Property Rights in the Services during and after this Agreement’s term and to comply with all reasonable written requests made by Us, our suppliers and licensors of content (hereinafter collectively referred to as “Suppliers”), or otherwise to protect theirs and ours contractual, statutory, and common law rights in the Services.

Under no circumstance shall the Services be deemed sold or assigned to You. Any and all rights not expressly granted by Us are reserved to the Company and its subsidiaries or Suppliers, as the case may be.

You agree to comply with all applicable copyright laws, treaties and regulations, as well as any additional copyright notices or restrictions contained in the Services.

You agree to inform Us as soon as becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including, without limitation, rights in and to all applications and registrations relating to the Services shall, as between You and Us at all times be and remain the sole and exclusive property of the Company.

WE ARE UNDER NO OBLIGATION TO ACCEPT UNSOLICITED FEEDBACK.

However, should You provide any feedback about the Services to Us, We shall own all rights in and to such feedback and any derivative technologies and compilations based on or developed through or by using such feedback. You hereby undertake to make all reasonably and necessary actions to affect the Company’s rights in and to such effect hereof.

XV. COPYRIGHTS AND TRADEMARKS

You shall not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with You or, except as otherwise foreseen herein, are used with our consent, and You acknowledge that You have no ownership rights in or to any of the above-mentioned items. 

XVI. ACCESS, PRESERVATION AND DISCLOSURE OF ACCOUNT INFORMATION

You expressly consent and agree that We may have access, preserve, and disclose Your account information and any User Content You submit or make available through the use of our Services, whenever it is required by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy, or when reasonably necessary or appropriate to: (a) enforce these Terms; (b) comply with legal processes; (c) to respond to claims that any content violates the rights of third-parties; (d) to protect the rights, property, or personal safety of the Company, its agents and affiliates, other users, and the public; or (e) to address your requests.

XVII. TERMS OF THE PRODUCT'S PUCHARSE

To the extent that You make a purchase of products offered by Us on the Services, such purchase will be always subject to separate Terms of sale that shall be found on the website or online service where the purchase is made.

It exists the possibility that We offer You some products and services for purchase on the Website (“Purchase”), which payment may be done by using credit/debit card (“Payment Method”), and such payment will be processed by a third-party processor. Once you make a Purchase, You authorise us to charge You through the Payment Method that You have chosen. If payment is not received by Us from your chosen Payment Method, You agree to promptly pay all amounts due upon demand by Us. If the recurring payment was refused, we will have the right to charge You with a convenience fee of 3$.

All charges made on purchases will be non-refundable, and there will be no refunds for partially used periods. Any eventual refund will be made at our sole discretion or whenever We we are obliged to do so by the applicable laws.

Moreover, You will be able to cancel Your subscriptions via the settings option of Your account or by contacting our Customer Support Service through this website.

XVIII. LIAISON WITH ADVERTISERS

Your participation in promotions of, or correspondence or business dealings with, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations linked with such dealings, are only between You and such advertiser.

You hereby acknowledge that the Company shall not be responsible or liable for any loss or damage of any sort incurred as a consequence of any such dealings or as the result of the presence of such advertisers on or through the Services.

XIX. YOUR WARRANTIES AND DISCLAIMERS

You expressly understand and agree to the following:

(a) No advice or information, whether oral or written, obtained by You from Us or through or from the Services shall create any representation or warranty.

(b) Your use of the Services is exclusively at Your sole risk. We can’t represent, warrant, or guarantee that the Services will be suitable for Your aims or for the content You may retrieve by or through the Services, nor that the access to and use of the Services will be secure, successive, or error-free, or that the Services will work properly in combination with any third-party technology, hardware, software, systems or data.

(c) The Services and any content retrieved by or through the Services are provided “as is” and all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, title, fitness for a particular purpose, or non-infringement are hereby disclaimed to the maximum extent permitted by the applicable law.

(d) By time to time, there is the possibility that the Services are interrupted, limited, delayed, or that other problems inherent in the use of internet applications and electronic communications may occur, and We are not responsible for any of those delays, mis-deliveries, untimely deliveries, delivery failures, or any other damage arising out of events beyond our rational control.

(e) Any content or other material downloaded, obtained or otherwise accessed through the use of the Services shall be considered as done at Your own discretion and risk and that You are solely responsible for any damages to Your computer system, mobile device, technology or loss of data that results in the download of such content or other related material.

(f) We don’t represent, warrant, guarantee or promise that the products or services can meet Your requirements or achieve any specific results, including, but not limited to, working opportunities.

(g) The warranties, if any, applicable to each product eventually advertised or otherwise made available through the Services are provided by the manufacturer of such product. All products are manufactured by third parties.

(h) We shall not be responsible for any content of a third-party which is found on the Services, nor to any links to third-party websites or any content related to third-parties. We do not vet or verify users that identify themselves as experts on particular topics through the Services, and You further agree not to hold Us responsible for reliance on such experts in the event that You not achieve the results that You expected when relying on such experts.

(i) You further warrant to currently be, and undertake to remain, in compliance with all applicable laws and regulations, including, without limitation, laws and regulations governing privacy and data protection.

XX. LIMITATION OF THE COMPANY'S LIABILITY

You expressly understand and agree, and We hereby disclaim that:

(a) Under no circumstances may the Company, or its subsidiaries, be considered liable for Your or any users’ use or misuse of or reliance on the Services or any related content thereof.

(b) To the extent permitted by law, in no case We shall be deemed liable for any type of damage, whether consequential, incidental, direct, indirect, special, punitive, including, without limitation, damages for loss of business interruption, business profits, loss of business information, or other loss of monetary nature, arising out of or in connection with these Terms or the use of or inability to access or use the Services, regardless of the Company’s eventual prior knowledge of the possibility of such damages, whether in action, contract, tort, strict liability, violation of statute or the alike. In that regard, The Company shall not be held liable for the cost of replacement products, loss of revenue or loss of good will.

Without prejudice to the last paragraphs, Your exclusive remedy and the Company’s total aggregate liability in any way relating to, or arising out of, the Services or these Terms, independently of cause or reason, shall be restricted to the actual direct damages incurred by You, up to the greater of the amounts, which either is (i) the amount paid by You directly to the Company in consideration for use of the Services; or (ii) the amount corresponding to the Company’s net revenue accrued directly in connection with Your use of the Services through the month immediately preceding the indemnification event. The limitation set forth above shall apply on all actions or claims, in aggregate, irrespective of cause of action. However, what is set forth herein shall not be construed as or operate as a waiver of, or limit somehow, the Company’s ability to obtain injunctive or other equitable relief for breach of these Terms.

Such limitation shall also be applicable in regards to the damages incurred by reason of other services or goods received through or advertised on the Services or received through any links made available in the Services, also as by reason of any information or advice received through or advertised on the Services or received through any links provided in or through the Services.

We make no warranties, endorsements, nor We assume any responsibility for any product or service advertised or offered by a third-party through the Services or any website featured or linked to or through the Services, and We will not be a party to, or in any way be responsible for monitoring, any transaction between You and third-party providers of products or services.

We shall not be deemed liable for the offensive or illegal conduct of any third-party. You voluntarily assume the risk of harm or damage from the foregoing.

All the foregoing limitations shall apply regardless of the eventual failure of a remedy in its essential purpose and to the fullest extent permitted by law.

Section addressed to California residents: You hereby waive the California Civil Code §1542, which states the following: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.

XXI. INDEMNIFICATION OF THE COMPANY

You promise to defend the Company against any suits, claims and demands and shall also indemnify and hold harmless, as to the Company’s corporate affiliates, Users, Users’ affiliates and their respective officers, directors, employees, and agents and their successors and assigns, against and from any and all losses, liabilities, damages, and expenses, including, but not limited to, reasonable attorneys’ fees, litigation expenses, burden of loss, and any disbursements made by any third-party related to or arising out of your use of the Services, your connection to the Services, your violation of these Terms or the Policies, your violation of any applicable law, including, without limitation, any claims, lawsuits or proceeding for libel, slander, copyright, and trademark violation, your submission, posting, or transmission of user content to the Services, and your violation of any rights of other persons. 

However, We reserve the right to assume the exclusive defense and control of such disputes at our own expense and, in any event, You undertake to cooperate with Us in asserting any available defenses.

XXII. TERMS AND TERMINATION

This Agreement shall become effective at the date of Your acceptance, pursuant the established throughout the previous Sections, and shall remain to be effective, so far as it is not terminated by either of the Parties in accordance with the provided hereunder.

We may immediately terminate or suspend Your access to the Services:

(a) should You fail to comply with any provision under these Terms or the Policies;

(b) interference with the proper functionality of the Services, in whole or in part; and

(c) for any conduct that We may reasonably deem to be a violation of third-party rights such as copyright, trademark and rights of privacy and publicity or a violation under the Prohibited Activities or Prohibited Sections hereto;

(d) for any conduct that We may reasonably deem to be directly or indirectly harmful to others;

(e) for any conduct that violates any local, state, federal, or foreign laws or regulations.

Notwithstanding the foregoing, We may deny You access to all or part of the Services, in our sole and absolute discretion, and at any given time, regardless of reason or notice to You, which may result from, however not limited to the following: (a) unexpected technical or security issues or problems; (b) requests by law enforcement or government agencies; (c) discontinuance or material modification of the Services (or any part thereof);  (d) extended periods of inactivity; (e) activities related to protecting the rights, property or safety of the users and the public; or (f) if You provide any information, including registration information, that is false, inaccurate, out-of-date, or incomplete.

Should We terminate your right to access the Services, without reason or cause, We shall comply with our obligations to You related to any order outstanding at the time of termination. In any case, if We end your right to access the Services on any of the grounds previously listed in this Section, these Terms and all rights You have to access the Services will immediately terminate.

Moreover, You can terminate Your use of the Services by using the method available for that purpose under your account’s administration panel. Should You terminate your account, You shall remain liable under these Terms for any purchase made prior to such termination.

Notwithstanding the foregoing, unless explicitly stated, all covenants, agreements, representations, warranties and undertakings that are reasonable required to, shall survive the termination of Your access to the Services, however so arising, until their complete or otherwise sufficient fulfillment, or after due and legal release of such.

XXIII. GOVERNING LAW AND JURISDICTION

These Terms are governed by and interpreted in accordance with the laws of England and Wales, without regard to its conflict-of-law provisions. Any and all actions seeking legal or equitable relief arising out of or relating to these Terms shall be brought, subject to, and be finally resolved, only in the competent courts of England and Wales.


CLASS ACTION WAIVER: PLEASE, READ THIS SECTION CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Application. This Section is intended to be interpreted broadly and governs, other than the litigation of certain intellectual property and small court claims as provided hereinbelow, any and all disputes, controversies and claims between Us including, without limitation to, claims arising out of or relating to any aspect of the relationship between Us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement including, but not limited to, claims related to advertising; and claims that may arise after the termination of these Terms (“Disputes”).

Class Action Waiver. The parties further consign that any Dispute resolution shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exception. Without prejudice to the foregoing, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in the courts of the applicable jurisdiction or where is set forth by the applicable laws to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Survival. This Class Action Waiver section shall survive any termination of your use of the Services.

XXIV. FORM OF NOTICE

Any and all notices or other communications or deliveries to be send by Us to You under these Terms shall be deemed given and effective when doing it to: (a) the the e-mail address provided by You during Your registration, which can be found in your Registration Data, and shall be deemed duly served upon dispatch; or (b) posting a notice through the Services or on the website.

In case that any notice is sent by You to Us under these Terms, such notice shall be deemed duly served upon receipt, at the addresses designated on the Services, on the Website, or otherwise to the address listed in the following paragraph. 

If You require any further clarifications regarding these Terms, You may contact Us at the e-mail address support@casualhookup.com, or physical address at Office 6B, The Watch Oak, Chain Lane, Battle, East Sussex TN33 0YD, United Kingdom.

XXV. FORCE MAJEURE

Under no circumstances We, our licensor, or our Suppliers, may be held liable for failure to perform, or delay in performing, any of the obligations contract under these Terms, to the extent that such failure or delay is due to an event of force majeure – namely an event arising from cause or causes beyond our reasonable control, which by its nature could not have been foreseen or if it could have been foreseen, was unavoidable including, without limitation, acts of God, act of governmental sovereignty, war or armed hostilities, fire, flood, explosion, civil commotion, industrial dispute of a third party, act of terrorism, revolution, blockade, embargo, strike, lock-out, sit-in, industrial or trade dispute, adverse weather, disease, accident to or breakdown of facilities, shortage of any material, labor, transport, electricity or other supply, or regulatory intervention.

XXVI. FORBEARANCE

No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms hereof shall impair any such right or power or be construed to be a waiver thereof.

XXVII. SEVERABILITY

Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any provision, section, sentence, clause, phrase, and word hereof is held by a court with jurisdiction to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement.

XXVIII. THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. You may not transfer or assign these Terms or any rights or obligations hereto, whether directly or indirectly, by operation of law or otherwise, without the Company’s prior written consent. We reserve the right to unrestrictedly assign, sublicense, delegate or otherwise transfer any of the rights or obligations under these Terms, whether whole or partially, to any third-party, regardless of your prior written consent.

XXIX. MISCELLANEOUS

This Agreement constitutes the entire agreement between You and the Company in regards to the subject matter hereof and supersede any prior agreements between You and the Company with respect to that subject matter. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between You and the Company in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. Unless the express context otherwise requires (i) The terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa; (ii) the words “hereof”, “herein” and “hereunder” and words of similar import, when used in these Terms, shall refer to this Agreement as a whole and not to any particular provision of this Agreement; (iii) References herein to a specific Section, Subsection, Annex, Schedule or Exhibit shall refer, respectively, to Sections, Subsections, Annexes, Schedules and Exhibits of this Agreement; (iv) Wherever the word “promptly” or “as promptly as practicable” is used in these Terms, it shall mean without undue delay; (v) Wherever the word “include”, “includes” or “including” is used in these Terms, it shall be deemed to be followed by the words “without limitation”; (vi) References herein to any gender include each other gender; and (vii) Heading references in this Agreement and the table of contents are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof. If You are using the Services for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers.



The last update was performed on: 2022-06-20 20:56:30