ELITESINGLES Terms & Conditions - Last updated: June 2017
The ELITESINGLES website (the Website), the EliteSingles iOS application (the iOS app) and the EliteSingles Android application (the Android app) are operated by Affinitas GmbH, Kohlfurter Straße 41/43, 10999 Berlin, Germany (hereinafter ELITESINGLES).
Affinitas GmbH shall employ the services of its subsidiary, EliteSingles LLC, where applicable. EliteSingles LLC is a Limited Liability Company registered in Dover, Delaware, USA.
(b) and agree that as a member of ELITESINGLES you may be part of an online community that includes other websites, mobile device software applications and/or any other mobile or web services or applications owned, controlled, or offered by Affinitas GmbH or its affiliates. Profiles on our Services may be viewable on affiliated websites, mobile device software applications and/or other mobile or web services or applications (affiliated services) and users of those affiliated services may be able to communicate with ELITESINGLES members.
1. Membership and registration
1.1 You may not be a member of ELITESINGLES or use our Services if:
(a) You are under the age of majority in your jurisdiction of residence;
(b) You are married or in a de facto relationship;
(c) You have ever been convicted of a violent or sexually related criminal offence; or
(d) You have previously been banned from using our Services or similar services.
1.2 You must have a permanent address in the United States in order to register as a member of our Services, whether as a free or a paid member.
1.3 When registering as a member of ELITESINGLES, you must ensure that all information you provide is accurate and up-to-date. You acknowledge that it is your responsibility to notify ELITESINGLES of any changes to your information by accessing the “My Account” tab on the Website or by updating your information through a method which may be offered by the iOS app and/or the Android app (collectively, the apps).
1.4 You may only have one profile with our Services.
1.5 If requested, you must provide us with a form of identification to verify your identity.
1.7 You must maintain, and are responsible for, the confidentiality of your logon and password.
ELITESINGLES, and other websites owned by ELITESINGLES or its affiliates, operates an Internet online dating and matchmaking platform, and provides customers with both free and paid services. At a minimum, when you register for our Services you will receive access to the ELITESINGLES database, which contains profiles and information about other members.
2.2 Free membership
You may register, take the personality test, create a profile and receive individual partner suggestions without charge.
2.3 Paid membership
(a) You also have the option to subscribe for "paid membership".
(b) The Website will inform you of various services available to you at a cost. You will be deemed to have subscribed to “paid membership” upon your subscribing to any of these services, providing your payment details and clicking “ACCEPT”.
(c) ELITESINGLES reserves the right to change the cost of any service or new membership offered on our Services from time to time. If you are not happy with the cost of our Services, you may cease using our Services or terminate your membership.
(d) You will be entitled to a refund in the circumstances set out in these Terms & Conditions, as required by the applicable law or otherwise at the sole discretion of ELITESINGLES.
(e) You are not permitted to transfer any service or feature of our Services to any other person.
(f) You can also subscribe for paid membership using the apps. The apps may be provided by other service providers such as the Apple app store or the Android market (each, an App Store) and therefore may be subject to other payment and other conditions than those used and available to you on the website. Any such applicable terms will be brought to your attention prior to purchase.
(g) EliteSingles LLC, registered in Dover, Delaware, is a subsidiary of Affinitas GmbH which has been engaged to process payments on behalf of Affinitas GmbH.
2.4 Contact Guarantee
(a) For the purposes of this clause 2.4, “Contact” means:
(i) A self-written message from another member that you receive in response to sending a ‘smile’, questions or a message,
(ii) Any message you write yourself in response to a ‘smile’ or questions or a message from another user.
(b) ELITESINGLES cannot guarantee successful communication with other members. ELITESINGLES is not responsible if, during the contract period, no contact is made. However, this does not apply if, as part of a paid membership, you elect to take out a Contact Guarantee (Contact Guarantee). If you take out a Contact Guarantee, the following special conditions apply depending on the length of your contract. For:
(i) A 6 month contract, a minimum of 10 unique Contacts are guaranteed; and
(ii) A 12 month contract a minimum of 20 unique Contacts are guaranteed.
(c) In order to make a claim for compensation under a Contact Guarantee you must first have complied with the following obligations for the duration of the Contact Guarantee:
(i) For a:
(A) Six (6) month membership, you must have sent at least 4 self-formulated messages to other ELITESINGLES members;
(B) Twelve (12) month membership, you must have sent at least 8 self-formulated messages to other ELITESINGLES members;
(ii) Completed in full the “My Profile” and “My Search” sections of your account;
(iii) Uploaded at least one profile picture to your account;
(iv) Maintained an active paid account;
(v) Regularly logged on to your account;
(vi) Provided written notice to ELITESINGLES at EliteSingles's Support of its failure to meet the conditions of the Contact Guarantee prior to the expiry of your account.
(d) If, following your giving notice pursuant to clause 2.4(c)(vi) above, ELITESINGLES accepts that it has failed to comply with the Contact Guarantee, you will be entitled to a new subscription for the same term as your subscription at the time you took out the Contact Guarantee at no additional cost.
(a) While ELITESINGLES will use its best endeavors to ensure that our Services will be available 24 hours a day, it cannot guarantee that your access to our Services will be error free or uninterrupted. In addition, your access may be temporarily suspended in order that maintenance be undertaken or due to Internet or system failure.
(b) ELITESINGLES reserves the right, in its sole and absolute discretion to block or remove from our Services any offensive or incorrect communication or information, and/or any communication or information brought to, or which comes to, its attention which it reasonably suspects infringes any applicable laws, regulations or third party rights (such as material that is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite hatred, menacing, blasphemous or in breach of any third party intellectual property rights) but ELITESINGLES has no obligation to review any communication or information provided by members for inclusion on our Services.
2.6 Changes to our Services
ELITESINGLES reserves the right to change or discontinue at any time any service or feature of our Services.
3. AUTOMATIC RENEWAL
ELITESINGLES automatically renews all paid memberships 24 hours before the expiry of the term of the paid membership (where permitted by local law). When you first subscribe for your paid membership, you acknowledge that when your paid membership expires it will automatically renew. Where required by local law, the renewal date will be specified in a renewal notice provided to you. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS & CONDITIONS.
4. Cancellation of your membership
4.1 There are three ways of cancelling your membership:
- Cancellation of free membership – you may cancel at any time (see clause 5);
- Cancellation of paid membership within the first 3 days of your paid membership – you may cancel at any time within 3 days of joining ELITE SINGLES as a paid member for a full refund (see clause 6);
- Cancellation of paid membership after the first 3 days of your paid membership – you may cancel at any time and enjoy our Services until the end of the paid term with NO REFUND (see clause 7).
5. Cancellation of free membership
5.1 A member may cancel his or her free membership at any time.
5.2 You may cancel by logging into your account on the Website and following the links, or by writing to our Support Team.
6. Cancellation of paid membership within the first 3 days of your paid membership
6.1 A paying member may cancel his/her paid membership at any time within 3 days of making his/her initial payment.
6.2 You may cancel by logging into your account on the Website and following the links, or by writing to our Support Team
6.3 If you cancel your membership within the first 3 days of your paid membership and you have made any payment in advance for the Services, we will refund these amounts to you.
6.4 Cancellation rights under this clause only apply to an order for an initial paid membership and do not apply to subsequent renewals.
7. Cancellation of paid membership after the first 3 days of your paid membership
7.1 A paying member (who has not cancelled his/her paid membership within the first 3 days) may apply for cancellation at the latest 24 hours before the date of renewal of the subscription. If you cancel your paid membership less than 24 hours before the expiry of the term of your paid membership, YOUR PAID MEMBERSHIP WILL BE AUTOMATICALLY RENEWED IN ACCORDANCE WITH THESE TERMS & CONDITIONS (WHERE ALLOWED BY LOCAL LAW).
7.2 THE CANCELLATION OF YOUR PAID MEMBERSHIP WILL BE EFFECTIVE UPON THE EXPIRY OF THE RELEVANT PAID PERIOD AND YOU WILL HAVE FULL USE OF OUR SERVICES UNTIL THAT TIME. NO REFUND IS APPLICABLE UNLESS LOCAL LAW OR THESE TERMS & CONDITIONS OTHERWISE PROVIDE.
7.3 Following termination of the paid membership, the member will retain a free membership with a more limited scope of Services.
7.4 You may cancel by logging into your account on the Website and following the links, or by writing to Support Team
7.5 If we cancel a member’s membership for that member’s breach of these Terms & Conditions, the member shall not be entitled to a refund for the period remaining to elapse until the expiry of the paid membership, without prejudice to any damages sought by us as compensation for the loss suffered.
7.7 If we cancel a member’s membership in our sole discretion for reasons other than that member’s breach of these Terms & Conditions, the member shall be entitled to a refund for the period remaining to elapse until the expiry of the paid membership.
7.8 If you do not pay any amount due pursuant to these Terms & Conditions, ELITESINGLES reserves the right to suspend your access until such time as the outstanding payment is received or to cancel the contract. In the event of a suspension under this clause, the contract period will not be extended for the period of the suspension.
9. Limitation of Liability
9.1 For the purposes of this clause 9, “ELITESINGLES” includes ELITESINGLES, its officers, employees, contractors and agents, whether individually or collectively.
9.2 You acknowledge that:
(a) Your use of our Services is at your own risk;
(b) ELITESINGLES is not responsible for your use of or conduct on our Services or that of any other members of our Services;
(c) ELITESINGLES does not accept liability in any circumstances for the use or conduct of any person on our Services;
(d) ELITESINGLES does not make any representation or warranty as to the accuracy, reliability or completeness of any content contained on our Services or transmitted by other members of our Services.
9.3 You agree to release and hold harmless ELITESINGLES from any loss, liability, claim, demand, damage or expense asserted you may incur relating in any way to your use of our Services, or your interactions with any person using our Services, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, or any other cause of action.
9.4 You agree to indemnify ELITESINGLES for any loss, damage, cost or expense it may incur as a result of your use of or conduct on our Services, including but not limited to any breach by you of these Terms & Conditions.
9.5 To the maximum extent permitted by law, except in cases of gross negligence or willful misconduct of ELITESINGLES, the maximum aggregate liability of ELITESINGLES for any claim made by you under or in connection with these Terms & Conditions or otherwise as a result of your access or use (including misuse) of our Services will not in any circumstances exceed the lower of:
(a) the amount paid to ELITESINGLES by you in the 3 months prior to the event to which the claim relates; or
whether such liability arises in contract, tort (including negligence), breach of statutory or fiduciary duty or otherwise.
9.6 Disclaimer of Implied Warranties
EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH HEREIN, ELITESINGLES MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, NOR DOES ELITESINGLES REPRESENT OR WARRANT THAT THE WEBSITE OR OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN OUR SERVICES WILL BE CORRECTED.
9.7 No Consequential Damages
IN NO EVENT SHALL ELITESINGLES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT ELITESINGLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. NO CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR OUR SERVICES OR THE TERMS OF THIS AGREEMENT MAY BE FILED EXCEPT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. THIS CLAUSE 9.7 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Intellectual Property Rights
10.1 All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade-marks, service marks, trade names and/or designs (including the "look and feel" and other visual or non-literal elements) (whether registered or unregistered) in:
(a) our Services;
(b) Subject to clause 10.4, information content on our Services; and
(c) All the design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) of our Services,
are owned by or licensed to ELITESINGLES. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
10.2 None of the material listed in clause 10.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of ELITESINGLES. You may, however, retrieve and display the content of our Services on a computer screen (including any tablet or smart phone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our Services without the express prior written permission of ELITESINGLES.
10.3 All rights (including goodwill and, where relevant, trade-marks) in the name ELITESINGLES are owned by or licensed to ELITESINGLES. Other product and company names mentioned on our Services are the trademarks or registered trademarks of third parties.
10.4 Title, ownership rights and intellectual property rights in and to content accessed using our Services is the property of the applicable content owner or supplier and may be protected by applicable copyright or other law. Subject to the limited rights described in clause 10.2, this Agreement gives you no rights to such content.
10.5 The authors of literary and artistic works displayed across our Services have asserted their moral rights to be identified as the author of those works.
10.6 Any material you transmit, post or submit to ELITESINGLES either through our Services or otherwise (Material) shall be considered (and ELITESINGLES may treat it as) non-confidential (subject to ELITESINGLES’ obligations under privacy legislation). You grant ELITESINGLES a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, adapt, translate, publish and distribute worldwide any Material and any Ideas. You hereby waive all moral rights in and to all Material and Ideas that you transmit, post or submit to ELITESINGLES in favor of ELITESINGLES.
10.7 All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist which are disclosed or offered to ELITESINGLES by you or offered in response to solicitations by ELITESINGLES regarding our Services (Ideas) shall be deemed to be and shall remain the property ELITESINGLES and you hereby assign all existing present and future intellectual property rights in Ideas, to ELITESINGLES. You must do all things reasonably requested and execute any such further documents as may be required by ELITESINGLES to assure further the assignment of such rights. You understand and acknowledge that ELITESINGLES have both internal resources and other external resources, which may have developed or may in the future develop ideas identical to or similar to Ideas and that ELITESINGLES is only willing to consider Ideas on these terms. In any event, Ideas are not submitted in confidence and ELITESINGLES assumes no obligation, express or implied by considering it. Without limitation, ELITESINGLES will exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
11. Links to Other Sites
11.1 The Website may contain links to other websites and to resources provided by third parties (Other Sites). The Other Sites are linked to provide information only and are solely for your convenience.
11.2 ELITESINGLES has no control over, does not accept and assumes no responsibility for the content or products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them.
11.4 Our Services may also feature advertising by third parties. By allowing third parties to advertise on our Services, ELITESINGLES does not make any representations or warranties in respect of or endorse the products or services advertised.
12. Your obligations
12.1 You acknowledge that you use and access our Services at your own risk.
12.2 You alone are responsible for the content you submit (User Contributions) to our Services or to any other member of our Services;
12.3 You warrant to ELITESINGLES that all User Contributions are true and correct and relates to you personally. You acknowledge that ELITESINGLES has the right, but not the obligation, to verify the accuracy of your User Contributions if necessary.
12.4 You warrant that all Materials, Ideas, and User Contributions are original to you, do not violate any law, and that you have obtained all necessary rights in and to such Material and Ideas and all of their components (if applicable) to post, upload, or otherwise submit it to or through our Services. You further warrant that all User Contributions will comply with the following Content Standards:
User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material, which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material (or contain nudity or pornography), violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
12.5 Your membership is for personal use only and not for business or commercial purposes.
12.6 You warrant to ELITESINGLES that any content you submit to our Services, including but not limited to photographs, text and software does not breach the intellectual property rights of any third party and you indemnify ELITESINGLES for any loss or damage it suffers as a result of such warranty.
12.7 You must comply with all applicable laws for registration and use of the contact portal.
12.8 Prohibited Uses
You may use our Services only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use our Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material, which does not comply with the Content Standards set out in these Terms & Conditions.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses [or screen names] associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm the Company or users of our Services or expose them to liability or otherwise attempt to interfere with the proper working of our Services.
Additionally, you agree not to:
- Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Services, including their ability to engage in real time activities through our Services.
- Use any robot, spider or other automatic device, process or means to access our Services for any purpose, including monitoring or copying any of the material on our Services.
- Use any manual process to monitor or copy any of the material on our Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of our Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Services, the server(s) on which our Services are stored, or any server, computer or database connected to our Services.
- Attack our Services via a denial-of-service attack or a distributed denial-of-service attack.
In addition, you may under no circumstances:
- Provide or share your login or password with third parties;
- Use in your profile names, addresses, telephone or fax numbers, e-mail addresses, user names, or other contact data from messenger services or other Internet services; intentionally declare the data of third parties (including email address) as your own;
- Provide the bank account or credit card information of third parties; make personal information, such as names, telephone and fax numbers, residential and e-mail addresses, photo-/video data and / or URLs known to third parties without the consent of its respective owner; or
- Use our Services in an impermissible commercial or business manner as described in clause 12.9 below.
12.9 An impermissible commercial or business use in the sense of this provision is in particular:
(a) The provision of goods or services in return for payment of any kind, the solicitation of making an offer, or a reference to an attainable offer elsewhere;
(b) The usage of commercial internet sites for advertising, particularly those sites that offer chargeable goods or services that are used for displaying or advertising companies or for advertising other commercial web sites. This is especially true for advertising in the form of pop-ups, banner ads or flashy or particularly highlighted links;
(c) Linking (directly or indirectly) to the contact portal of another operator;
(d) The naming of value-added service numbers (in particular 1-8XX numbers) or value-added SMS numbers (premium SMS) under this contact portal;
(e) The contact for the purpose of subsequent profit, especially by subsequent reference to value-added SMS or 1-900 or 1-8XX numbers;
(f) The search for employees, models, etc. for agencies or for chargeable service providers;
(g) The business of collecting profile data that is accessible within the contact portal or asking about data (e.g. telephone-/mobile number) of other customers, e.g. for the purpose of commercial exploitation, or promotion or resale;
(h) To make advertising to other clients of the service or to other customers in any form for business offers and the sending of messages that serve a business purpose. This relates in particular to the setting of relevant links in the data profiles or sending messages with the internal communication systems.
12.10 If the customer breaches any of the obligations listed in this clause 12, ELITESINGLES can be entitled to require compensation for any resulting damage or expenses.
You may report abuse or inappropriate behavior by another member or offensive content by sending a detailed email to EliteSingles's Support.
14. Disputes with other members of our Services
14.1 ELITESINGLES has the right but has no obligation to monitor disputes between you and other users of our Services.
14.2 In the event that you have a claim or action against another user arising from that user's use of our Services, you agree to pursue such claim or action independently of and without any demands to ELITESINGLES and you release ELITESINGLES from all claims, liability and damages arising from or in any way connected to the claim or action.
15. Blocking on Suspicion
15.1 ELITESINGLES reserves the right to block or delete any content uploaded by you to our Services:
(a) Which is the subject of a complaint by any third party;
(b) If requested to do so by a court or any other relevant authority;
(c) Following termination of these Terms & Conditions; or
(d) For any other reason in the sole and absolute discretion of ELITESINGLES.
15.2 Upon ELITESINGLES receiving a complaint, ELITESINGLES will:
(a) If ELITESINGLES suspects that the content may be in breach of these Terms & Conditions, give you notice of the complaint and allow you a reasonable period to rectify your content before deleting the content; or
(b) If the content is such that it may cause damage to ELITESINGLES or another member, as may be determined by ELITESINGLES in its sole and absolute discretion, delete the content and give you notice of the deletion.
15.3 If your content is blocked or deleted in accordance with this clause 15, your obligations to make any payments to ELITESINGLES pursuant to these Terms & Conditions will not be affected and you will not be entitled to any refund. If it is later determined by ELITESINGLES that your content should not have been blocked or deleted, your paid membership period will be extended for the period of the blocking or deletion. If an extension is not possible or is objectively unreasonable, ELITESINGLES will reimburse you for any payments made by you in respect of the blocking period.
16.1 Force Majeure
(a) For the purposes of this clause 16.1, “Force Majeure Event” means any act or event beyond the reasonable control of ELITESINGLES, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
(b) ELITESINGLES will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms & Conditions caused by a Force Majeure Event.
(c) In the event of a Force Majeure Event that results in our Services being unable to be provided for 14 days or more, either party may terminate this agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other.
(a) Notices to ELITESINGLES
(i) Any notice to be served on ELITESINGLES under these Terms & Conditions must be in writing and may be served:
(A) by hand delivery to:
- Customer Care –
Kohlfurter Straße 41/43
10999 Berlin, Germany
(B) By prepaid mail to:
- Customer Care –
Kohlfurter Straße 41/43
10999 Berlin, Germany
(C) By Fax : +49 30 991 949 5 32
(D) By email to: Support
(ii) A notice will be considered received by ELITESINGLES:
(A) If hand delivered before 5.00 pm on a Business Day
(B) If sent by pre-paid mail, on the tenth Business Day after posting;
(C) If transmitted by facsimile before 5:00 pm on a Business Day and a complete transmission report is received on the day of transmission, provided that if the recipient receives by facsimile transmission a notice that is illegible, the recipient must notify the sender immediately and the sender must continue to retransmit the notice until the recipient confirms that it has received a legible notice; or
(D) If emailed, on the date recorded on the device from which you sent the email, unless you receive an automated message that the email has not been delivered,
except that a delivery by hand, fax or email received after 5:00 pm or on a day that is not a Business Day will be deemed to be given on the next Business Day.
(b) Notices to you
(i) Any notice to be served on you under these Terms & Conditions must be in writing and may be served on you at the email address you use as your login to our Services or may be sent to you using any other contact information you have provided to ELITESINGLES.
(ii) A notice will be considered received by you on the date recorded on the device from which ELITESINGLES sends the email, unless ELITESINGLES receives an automated message that the email has not been delivered and except that an email received by you after 5:00 pm or on a day that is not a Business Day will be deemed to be given on the next Business Day, or on the tenth Business Day after posting.
For the purposes of this clause, “Business Day” means any day, which is not a weekend or a public holiday in the place where a notice is to be received.
16.3 Relationship of the parties
The agreement does not create a partnership, joint venture or relationship of principal and agent between the parties.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
ELITESINGLES reserves the right to restrict, suspend or otherwise change any aspect of the Terms & Conditions, our Services and any other services we provide or elect to provide in the future. We may modify in whole or in part these Terms & Conditions at any time. In particular, but without limiting the generality of the forgoing, we may modify:
o what we offer as part of our Services,
o The manner in which members participate on our Services,
o The Contact Guarantee,
o The provisions relating to termination and renewal of paid memberships, and
o To the extent permitted by the applicable law, the price of any of our Services.
These Terms & Conditions are subject to change by us at any time. If you are a non-subscribing member at the time of any change, the revised terms will be effective upon posting on the Website and your use of our Services after such posting will constitute acceptance by you of the revised Agreement.
If you are a subscribing member at the time of any change, the Terms & Conditions applying when you subscribed will continue to govern your membership until such time that you renew your subscription. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your paid subscription at such time, your use of our free Services after your termination will constitute acceptance by you of the revised Agreement.
16.6 Entire agreement
This agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.
16.7 Applicable Law; Arbitration; Jurisdiction
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the City of New York, State of New York, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against ELITESINGLES and/or its affiliates may be commenced only in the federal or state courts located in the State of New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
No waiver by ELITESINGLES of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by ELITESINGLES. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Provisions of these Terms & Conditions, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement.
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