Welcome to 89Classifieds Dating. The services offered by 89Classifieds Dating ("89Classifieds Dating site" or "this Site") include the 89Classifieds Dating website, 89Classifieds Dating Leisure, 89Classifieds Dating Blogs and 89Classifieds Dating Photo Sharing and any other features, content, or applications offered from time to time by 89Classifieds Dating in connection with 89Classifieds Dating Website (collectively, the "89Classifieds Services or 89Classifieds Dating services").
89Classifieds Dating may modify this Agreement from time to time and such modification shall be effective upon posting by 89Classifieds Dating on the 89Classifieds Dating site. You agree to be bound to all and any changes to Agreement when you use 89Classifieds Dating Services after any such modified post. It is important that you review this Agreement regularly to ensure you are updated as to any changes.
We 89Classifieds Dating, are operated by Cutecommerce Inc., for all users. As used in this Agreement, the terms “89Classifieds Dating,” “us,” “we,” the “Company”, and “our” shall refer to Cutecommerce Inc., as appropriate and the terms “our services” shall refer to the services offered by 89Classifieds Dating.
, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from 89Classifieds Dating (“Additional Terms”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use our Services.
We reserve the right to make changes to Terms anytime. Notice of changes will be posted on this page with an updated effective date. We may or may not notify you of change to the Terms via email or other means, however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately.
2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
Before you create an account on 89Classifieds Dating, make sure you are eligible to use our Services.
By using our services, you represent that:
- You are at least 18 years old;
- You are legally qualified to enter a binding contract with 89Classifieds Dating;
- You do not have more than one account on our Services
- You have not previously been removed from our Services by us, unless you have our express written permission to create a new account
- You have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
If at any time you cease to meet these requirements, you must immediately delete your account.
You agree to:
- Comply with these Terms, and check this page from time to time to ensure you are aware of any change;
- Comply with applicable laws, including without limitation, privacy, anti-spam, and regulatory requirements;
- Be respectful when communicating with any of our representatives servicing you;
- Review the Safety Tips;
- Use the latest version of the Website and/or App;
- Treat other users in a courteous and respectful manner, both on and off our Services;
- Review and comply with the Code of Conduct, as updated from time to time; and
- Maintain a strong password and take reasonable measures to protect the security of your login information.
You agree that you will not:
- Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
- Use our Services for any harmful, illegal, or nefarious purpose;
- Harass, stalk, intimidate, be violent, defame, harm or otherwise mistreat any person;
- Post or share Prohibited Content (as below);
- Use the Services in a way that damages the Services or prevents their use by other users;
- Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
- Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
- Solicit money or other items of value from another user;
- Use another user’s account;
- Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
- Violate the terms of the license granted to you by 89Classifieds Dating (as per Section 6).
- Disclose private or proprietary information that you do not have the right to disclose;
- Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without 89Classifieds Dating’s prior written consent;
- Express or imply that any statements you make are endorsed by 89Classifieds Dating;
- Upload viruses or other malicious code or otherwise compromise the security of our Services;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
- “Frame” or “mirror” any part of our Services without 89Classifieds Dating’s prior written authorization;
- Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
- Use meta tags or code or other devices containing any reference to 89Classifieds Dating or the platform (or any trademark, trade name, service mark, logo or slogan of 89Classifieds Dating) to direct any person to any other website for any purpose;
- Use, access, or publish the 89Classifieds Dating application programming interface without our written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
- Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
- Probe, scan or test the vulnerability of our Services or any system or network; or
- Encourage, promote, or agree to engage in any activity that violates these Terms.
Prohibited Content—89Classifieds Dating prohibits uploading or sharing content that:
- Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
- Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
- Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
- Is defamatory, libelous, or untrue;
- Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, links to other websites or premium line telephone numbers);
- Involves the transmission of “junk” mail or “spam”;
- Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
- Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from 89Classifieds Dating or otherwise;
- Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- Was not written by you or was automatically generated, unless expressly authorized by 89Classifieds Dating;
- Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
- Is inconsistent with the intended use of the Services; or
- May harm the reputation of 89Classifieds Dating or its affiliates.
The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
While using our Services, you will have access to:
(i) content that you upload or provide while using our Services (“Your Content”);
(ii) content that other users upload or provide while using our Services (“Member Content”); and
(iii) content that 89Classifieds Dating provides on and through our Services (“Our Content”).
In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.
3a. YOUR CONTENT
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.
3b. MEMBER CONTENT
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed wherever necessary.
You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
3c. OUR CONTENT
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
We are committed to maintaining a positive and respectful platform, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report User” link on a user’s profile. You may also contact 89Classifieds Dating Customer Service via this link.
6. RIGHTS YOU ARE GRANTED BY 89Classifieds Dating
For as long as you comply with these Terms, 89Classifieds Dating grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by 89Classifieds Dating and permitted by these Terms and applicable laws
7. RIGHTS YOU GRANT 89Classifieds Dating
By creating an account, you grant to 89Classifieds Dating a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. 89Classifieds Dating’s license to Your Content shall be non-exclusive, except that 89Classifieds Dating’s license shall be exclusive with respect to derivative works created through use of our Services. For example, 89Classifieds Dating would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that 89Classifieds Dating can prevent the use of Your Content outside of our Services, you authorize 89Classifieds Dating to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. 89Classifieds Dating is not obligated to take any action with regard to use of Your Content by other users or third parties. 89Classifieds Dating’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for 89Classifieds Dating allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to 89Classifieds Dating regarding our Services, you agree that 89Classifieds Dating may use and share such feedback for any purpose without compensating you.
You agree that 89Classifieds Dating may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce these Terms;
(iii) respond to claims that any content violates the rights of third parties;
(iv) respond to your requests for customer service; or
(v) protect the rights, property or personal safety of the Company or any other person.
8. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
89Classifieds Dating may offer products and services for purchase through iTunes, Google Play or other external services authorized by 89Classifieds Dating (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). 89Classifieds Dating may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it may automatically renew until you cancel, as further described below, or may not be automatically renewing. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.
8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS
When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device.
For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not 89Classifieds Dating. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your 89Classifieds Dating subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your 89Classifieds Dating subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com.
If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, 89Classifieds Dating may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a 89Classifieds Dating subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care.
89Classifieds Dating will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8d below for more information.
8b. INTERNAL PURCHASES AND SUBSCRIPTIONS
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize 89Classifieds Dating to charge the payment method you provide (your “Payment Method”). 89Classifieds Dating may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, 89Classifieds Dating may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a 89Classifieds Dating subscription. In the event that your chargeback or other payment reversal is overturned, please contact our Customer Care.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.
To cancel a subscription, you can log in to the Website/App and go to the Settings page, and then click on “My Orders”, and follow the instructions to downgrade. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
You may edit your Payment Method information by using the Settings tool. If a payment is not successfully processed, due to expiration or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund. See Section 8d below for more information.
8c. VIRTUAL/DIGITAL ITEMS
From time to time, you may have the opportunity purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features ((“Virtual Item(s)” or “Digital Item(s)) from 89Classifieds Dating. You may only purchase Virtual Items from us or our authorized partners through our Services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when 89Classifieds Dating ceases providing our Services, or your account is otherwise closed or terminated.
89Classifieds Dating, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. 89Classifieds Dating may manage, regulate, control, edit, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. 89Classifieds Dating shall have no liability to you or any third party in the event that 89Classifieds Dating exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT 89Classifieds Dating IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
The purchase and sale of the subscriptions is a completed transaction upon receipt of your payment. You can cancel the subscription within 3 working days upon payment to any of the services offered and receive a full refund into your bank account/credit card, provided you have not used the subscription in any manner after the payment. Use of the subscription or service means sending to or receiving from other members and any communication, viewing profiles of other members, or making changes to your profile or information on your account. If the subscription is used after payment, you will lose your refund/cancellation right. When you meet the criteria for refunds, refunds will be issued immediately from our end, however, some banks take 5-15 days to process the refund and reflect the same in your bank/card statement.
Your ability to use any subscription is effective immediately once they are placed in your account. If you choose to not use the subscription to its fullest extent, and let subscription expire, you may do so. Any subscription shown in your account does not constitute a real-world balance or reflect any stored value, but instead only constitutes a measurement of the extent of your subscription. We may redeem any unused subscription for you promptly after their expiration date if we choose. If you delete your account, we are entitled to redeem all your unused subscription on the date of deletion.
89Classifieds Dating may terminate your access to the website/app and/or your subscription for any reason which shall be effective upon sending notice of termination to you at the email address you provide at the time of registration or such other email address as you may later provide to 89Classifieds Dating. If 89Classifieds Dating terminates your account because of your breaching the Agreement, you will not be entitled to any refund of any subscription.
9. ACCOUNT TERMINATION
You can deactivate your account at any time by logging into the Website/App, going to “Settings”, and following the instructions to deactivate your account. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.
89Classifieds Dating reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that 89Classifieds Dating regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
YOU UNDERSTAND THAT 89Classifieds Dating DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. 89Classifieds Dating MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. 89Classifieds Dating RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE 89Classifieds Dating TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY 89Classifieds Dating, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though 89Classifieds Dating strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
11. COMMUNICATION BY EMAIL, SMS OR OTHERS
By creating your account, or by verifying your mobile number, you provide us with your email address and mobile number. You consent to be contacted by emails, SMS messages, for any activity on your profile. We will not initiate any promotional SMS or phone calls.
89Classifieds Dating PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 89Classifieds Dating DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE, 89Classifieds Dating MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
89Classifieds Dating TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES 89Classifieds Dating TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH 89Classifieds Dating. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. 89Classifieds Dating IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
89Classifieds Dating has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- 4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail at which the complaining party may be contacted;
- 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Any DMCA Takedown Notices should be sent to support(at)89classifieds.com.
14. ADS AND THIRD-PARTY CONTENT
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. 89Classifieds Dating may also provide non-commercial links or references to third parties within its content. 89Classifieds Dating is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, 89Classifieds Dating is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. 89Classifieds Dating is not responsible or liable for such third parties’ terms or actions.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 89Classifieds Dating, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF 89Classifieds Dating HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL 89Classifieds Dating’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO 89Classifieds Dating FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
16. DISPUTE RESOLUTION
17. INDEMNITY BY YOU
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless 89Classifieds Dating, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.
18. ACCEPTANCE OF TERMS
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by
(i) these Terms, which we may amend from time to time,
(iii) any Additional Terms Upon Purchases, if any.
If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use our Services.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning.
19. ENTIRE AGREEMENT
and any Additional Terms Upon Purchase, contain the entire agreement between you and 89Classifieds Dating regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your 89Classifieds Dating account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind 89Classifieds Dating in any manner.