Terms of Use
Learn more about Terms of Use
Terms of Use
The following terms and conditions constitute an agreement between you and Monzonito Unipessoal, Lda. ("Monzonito," "we," or "us"), the operator of AvailableForDating.com (the "Site"). This agreement (the "Terms of Use") governs your use of the Site, both as a casual visitor and as a registered user.
BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy , which is incorporated herein by reference, and that you consent to resolve in Portugal any dispute that you may have with us, or the Site. Please note that we offer the Site "AS IS" and without warranties.
1. About the Site
Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services." Some of what's on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal information.
2. Changes to These Terms of Use
We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site with notice of the changes and will, where possible, send you an email notifying you of the nature of the modifications and a link to the modified document on the Site so that you may review it. Your continued use of the Site and/or the Services following receipt of such notification shall constitute your affirmative acknowledgement of the Terms of Use and its modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.
3. Registration
By completing the registration process you confirm that you are at least 18 years of age, that you are eligible to use the Service, and that you agree to be bound by all of these Terms of Service.As part of the registration process, you will create a username and a password. These are your credentials for accessing the Services that are only available to members ("Credentials").
4. Your Personal information
In order to register you will insert certain personal information about you. The Privacy Policy explains the practices we have regarding the information we have about you
5. Your Responsabilities
You are responsable for using the Site e for using your Credentials including to which person you may have sent your Credentials. You are responsable for maintaining your password confidential and to inform us if your password has benn stolen You can notify us by clicking here. You can use the Site and its services for non commercial use and within the Law. You can't use the site in any way that can damage, overload, disable or harm our servers or network, or interfer with the use of any third-party and it's services. You can't acces without authorization any server, user accounts, computer systems or networks through hacking or other means. Without limiting the previous you agree that you must not (and you agree in not allowing any third party to):
- Copy, modify, adapt, translate or use reverse engineering to in any part of this Site, it's content or materials and/or services;
- Remove copyright, brands or other proprietary rights available on this Site and/or Services or in any other content obtained via this Site and/or by it's Services;
- Use robots, spiders, website search and collect applications or other automatic device, process or means to access, collect or index any part of the Site and/or Services;
- Reformat any part of the webpages that are part of this Site and/or it's Services;
- create user accounts using automatic means or under false intentions; or
- collect or store personal data about other users in connection with the activities forbidden on this paragraph.
In addition to our rights under Section 15, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
6. Changes to the Services
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Use. You agree that Monzonito will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
7. Links to Other Sites
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
8. Additional Terms
Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
9. No Spam
You may not use contact information provided by our users, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
10. Content You Post or Submit
You will have the opportunity to submit feedback regarding your experiences with the Site. It is important that you act responsibly when providing this feedback. Please give clear, honest information about your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments.
We reserve the right to remove feedback for any reason. We are not, however, responsible for any failure or delay in removing feedback. Keep in mind that the feedback of others is simply opinion and you should not be relied on. In addition:
- You are solely responsible for any content or material that you submit, publish or display on the Site or transmit to other members and/or users of the Site.
- You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
- You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You can't publish any content which falsely expresses that the content or material is sponsored or endorsed by Monzonito.
- You can't publish any contact or information that is illegal or promotes an illegal activity.
- You understand and agree that Monzonito can review and delete any content that violates this Terms of Use or can be offensive, illegal or can violate the rights of, harm or threat the safety or other users or members of the Site and/or users of other websites.
- You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
- You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
- By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Monzonito, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that Monzonito shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Site users for purposes of constructing or populating a searchable database of reviews related to the dating industry.
- The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. Monzonito reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that:
- is false or intentionally misleading;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- violates the intellectual property or other rights of any person;
- is threatening, obscene, defamatory or libelous; or
- is pornographic or sexually explicit in nature.
11. Your Use of Content
Except for content posted or submitted by you or any other visitors to the Site, all of the content available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Monzonito’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Monzonito and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Monzonito to you are retained by Monzonito. We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
12. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. MONZONITO PROVIDES ON-LINE PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, THROUGH THE AVAILABLEFORDATING.COM WEBSITE AND OTHER MEANS OF DISTRIBUTION. MONZONITO DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON AVAILABLEFORDATING.COM. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY MONZONITO IS OBTAINED, THERE MAYBE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY MONZONITO, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.
13. General Limitation of Liability
IN NO EVENT SHALL MONZONITO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF MONZONITO KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL MONZONITO'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT (IF ANY). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONZONITO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES.
14. Termination
We can terminate os suspend your registry immediately, without notification if there was a violation of these Terms of Use or other Policies and terms available on this Site, by you or other person using your Credentials. We also can cancel or suspend for any other reazon including inactivity for an extensive period of time. Monzonito can't be held responsable from you or any other third party from the termination of your access to the Site and/or it's Services. You also agree not to use the Site after any delection, deactivation or termination. Termination of a subscription by a Member shall be effective on the subscription's expiration date.
15. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
16. Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.
17. Entire Agreement
This agreement and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Monzonito to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
18. Choice of Law and Dispute Resolution
This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of Portugal as applied to contracts made and to be performed entirely within Portugal, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in Portugal, pursuant to the rules of the Portuguese Law.
19. Assignment
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to any one else and any attempt to do so in violation of this section shall be null and void.
20. Eligibility
By becoming a Member, You represent and warrant that You are at least 18 years old. By using the Service, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for Your sole, personal use. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity.
21. Terms of Payment
Members can acquire a subscription either by using Paypal or credit card, or while participating in offers proposed by Availablefordating.com through their Partners. The prices and the terms of payment for the different Paid Services are displayed at all times on the Availablefordating.Com website, including at the point when the member chooses to make a purchase. The activation of a Availablefordating.Com subscription on a member's account occurs as soon as, or a few moments after a valid transaction has been completed (successful online transaction). The member can contact Availablefordating.Com at any time to cancel their subscription. The cancellation will take effect from the expiry date given for the active pass, in accordance with Article 14, 'Termination'. Upon expiration of a subscription, such subscription shall, except where the Member notifies termination thereof to Availablefordating.Com prior to the subscription's expiration date, be renewed on the same subscription package. In such cases, the renewal shall be performed in accordance with the manner of payment originally chosen by the Member, at the price rate of the subscription to which the Member originally subscribed. The member can cancel their subscription at any time, with termination taking effect from the end of the validity period covered by the last monthly payment made. Availablefordating.com operates a no-refund policy. Unless there is an error in the operation of our program or processes, our system has a no-refund policy after our services have been used. If you feel that our services have been defective in any way, please contact us Here with your reasons for claiming a refund, plus a copy of your user registration details and Transaction ID Number or Payment invoice (without this we will be unable to help). If granted, all refunds will be made within 30 days of your application. Granted refunds will be on a pro-rated basis, dependent upon the length of time that you have used your membership. A small administration charge will be deducted from the amount paid.
Last update Tuesday, 3rd August 2010.
Copyright (©) 2010 Monzonito Unipessoal Lda. All rights reserved.
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