ELITESINGLES Terms & Conditions - updated: May 20, 2015
ELITESINGLES is operated by Affinitas GmbH, Kohlfurter Straße 41/43, 10999 Berlin, (hereinafter "ELITESINGLES").
The ELITESINGLES United States website: www.elitesingles.com (the “Website”) is operated by Affinitas GmbH, Kohlfurter Straße 41/43, 10999 Berlin, Germany (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.
You acknowledge that:
1. Membership and registration
1.1 You may not be a member of ELITESINGLES or use the Website 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 the Website or similar services.
1.2 You must have a permanent address in the United States in order to register as a member of the Website, 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.
1.4 You may only have one profile on the Website.
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.
1.8 Following your registration, ELITESINGLES will send you an email confirming the terms of your contract with ELITESINGLES as applicable at the date of your registration.
ELITESINGLES operates an Internet online dating and matchmaking platform, and provides customers with both free and paid services. When you register for the Website, 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 the Website from time to time. If you are not happy with the cost of any services offered on the Website, you may cease using the Website or terminate your membership.
(d) Except as provided herein or required by the applicable law, you will not be entitled to any refund of any payments made by you in respect of a paid membership. Any request for a refund will be considered at the sole discretion of ELITESINGLES.
(e) You are not permitted to transfer any service or feature of the Website to any other person.
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 the Website will be available 24 hours a day, it cannot guarantee that your access to the Website 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 its Website 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 the Website.
2.6 Changes to the Website
ELITESINGLES reserves the right to change or discontinue at any time any service or feature of the Website,
3. Terms of Payment
3.1 Billing takes place at the beginning of any paid membership, and will occur again at the start of any renewal term.
3.2 EliteSingles LLC, a subsidiary of Affinitas GmbH, has been engaged to process payments on behalf of Affinitas GmbH.
EliteSingles LLC, Dover, Delaware.
5. Termination, Automatic Renewal and Suspension
5.1 Termination without cause
(a) A customer may cancel his or her free membership at any time.
(b) To avoid billing, paid membership must be terminated in writing 24 hours before the expiry of the term of the paid membership and the renewal date specified in the renewal notice provided to you (where applicable). If you terminate a paid membership less than 24 hours before the expiry of the term of the paid membership, you will be charged for the renewal term, and will continue to have access to a renewed paid membership as set out in the notice of renewal.
(c) A notice of termination must clearly identify the customer and include the customer’s name, email address and security code (which can be found under the “Member Account” tab of your “My Account” page) and be sent to:
Post: Affinitas GmbH
- Customer Care -
Kohlfurter Straße 41/43
10999 Berlin, Germany
Fax : +49 30 991 949 5 32
Email: Support Team
(d) Following termination of a paid membership, the customer retains their free membership and the resulting limited scope of use.
5.2 Automatic renewal
In order to provide continuous service, ELITESINGLES renews all paid memberships 24 hours before the expiration of the term of the paid membership. You acknowledge that you have been made aware of the terms upon which your paid membership will be renewed at the time of your subscribing to paid membership. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. If you do not wish your account to renew automatically, you must provide written notice to ELITESINGLES prior to the expiry of the paid membership.
5.3 Termination with cause
Either party may terminate this contract during the term with immediate effect upon written notice to the other party if the other party commits a material breach of this contract and the defaulting party fails to remedy such breach within 14 days of being given written notice to do so.
If you do not pay any amount due pursuant to these terms and conditions, ELITESINGLES reserves the right to suspend your access until such time as the outstanding payment is received or to terminate the contract. In the event of a suspension under this clause, the contract period will not be extended for the period of the suspension.
5.5 Consequences of termination
If you terminate a paid membership after the expiry of the Cooling-Off Period set out in section 14 of these Terms:
(a) Your membership will be automatically converted to a free membership;
(b) You will not be entitled to any refund for any amounts paid for the remaining term of the paid membership;
(c) You will still be liable to pay ELITESINGLES any amount outstanding in respect of the remaining term of the paid membership within 30 days of your giving written notice of termination.
6. Limitation of Liability
6.1 For the purposes of this clause 6, “ELITESINGLES” includes ELITESINGLES, its officers, employees, contractors and agents, whether individually or collectively.
6.2 You acknowledge that:
(a) Your use of the Website is at your own risk;
(b) ELITESINGLES is not responsible for your use of or conduct on the Website or that of any other members of the Website;
(c) ELITESINGLES does not accept liability in any circumstances for the use or conduct of any person on the Website;
(d) ELITESINGLES does not make any representation or warranty as to the accuracy, reliability or completeness of any content contained on the Website or transmitted by other members of the Website.
6.3 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 the Website, or your interactions with any person using the Website, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, or any other cause of action.
6.4 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 the Website, including but not limited to any breach by you of these terms and conditions.
6.5 To the maximum extent permitted by law, the maximum aggregate liability of ELITESINGLES for any claim made by you under or in connection with these terms and conditions or otherwise as a result of your access or use (including misuse) of the Website 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.
6.6 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 SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
6.7 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 SERVICE OR THE TERMS OF THIS AGREEMENT MAY BE FILED EXCEPT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. THIS CLAUSE 6.7 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
7. Intellectual Property Rights
7.1 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) The Website;
(b) Subject to clause 7.4, information content on the Website; and
(c) All the Website 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),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.
7.2 None of the material listed in clause 7.1 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 the Website 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 the Website without the express prior written permission of ELITESINGLES.
7.3 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 the Website are the trademarks or registered trademarks of third parties.
7.4 Title, ownership rights and intellectual property rights in and to content accessed using the Website 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 7.2, this Agreement gives you no rights to such content.
7.5 The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
7.6 Any material you transmit, post or submit to ELITESINGLES either through the Website 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.
7.7 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 the Website (“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.
8. Links to other websites
8.1 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.
8.2 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.
8.4 The Website may also feature advertising by third parties. By allowing third parties to advertise on the Website, ELITESINGLES does not make any representations or warranties in respect of or endorse the products or services advertised.
9. Your obligations
9.1 You acknowledge that you use and access the Website at your own risk.
9.2 You alone are responsible for the content you submit (“User Contributions”) to the Website or to any other member of the Website;
9.3 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.
9.4 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 the Website. 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.
9.5 Your membership is for personal use only and not for business or commercial purposes.
9.6 You warrant to ELITESINGLES that any content you submit to the Website, 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.
9.7 You must comply with all applicable laws for registration and use of the contact portal.
9.8 Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- 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 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 the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability or otherwise attempt to interfere with the proper working of the Website.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- 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 the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website 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 the Website in an impermissible commercial or business manner as described in Section 9.9 below.
9.9 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.
9.10 If the customer breaches any of the obligations listed in this clause 9, 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.
11. Disputes with other members of the Website
11.1 ELITESINGLES has the right but has no obligation to monitor disputes between you and other users of the Website.
11.2 In the event that you have a claim or action against another user arising from that user's use of the Website, 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.
12. Blocking on Suspicion
12.1 ELITESINGLES reserves the right to block or delete any content uploaded by you to the Website:
(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 and conditions; or
(d) For any other reason in the sole and absolute discretion of ELITESINGLES.
12.2 Upon ELITESINGLES receiving a complaint, ELITESINGLES will:
(a) If ELITESINGLES suspects that the content may be in breach of these terms and 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.
12.3 If your content is blocked or deleted in accordance with this clause 12, your obligations to make any payments to ELITESINGLES pursuant to these terms and 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.
13.1 Force Majeure
(a) For the purposes of this clause 13.1, “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 and Conditions caused by a Force Majeure Event.
(c) In the event of a Force Majeure Event that results in 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 and 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, otherwise on the next Business Day;
(B) If sent by pre-paid mail, on the tenth Business Day after posting; or
(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; and
(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 and conditions must be in writing and may be served on you at the email address you use as your login to the Website 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.
13.4 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.
o The services offered on the Website,
o The manner in which members participate on the Website,
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 the services.
13.7 Entire agreement
This agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.
13.8 Applicable Law and 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 legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in the City of New York and County of New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
No waiver by EILITESINGLES of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by EILITESINGLES. 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.
13.10 Force Majeure
ELITESINGLES shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of ELITESINGLES including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement.
14. Cooling-Off Period
14.1 You may withdraw from the contract at any time within 3 days of registration (“Cooling-Off Period”), provided that you have not started using the services by, for example, sending messages to possible partners.
14.2 You agree that the services may start before the end of the Cooling-Off Period.
14.3 If you withdraw from the contract under the above paragraph and you have made any payment in advance for the services, ELITESINGLES will refund these amounts to you.
14.4 You can exercise the right to withdraw by notifying us in writing to: EliteSingles's Support.