Last updated: February 26, 2019
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service provided by SIA Battika, reg. number 40003354915, Latvia, Riga, Matisa iela 61 - 33, LV-1009. The aforementioned defines the conditions for the use of the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
When you create an account with us, you guarantee that you are at least 18 years old, and that the information you provide us is accurate, complete, and current at all times. Registration in the Service is void where prohibited. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
By using Service you represent and warrant that you have the right, authority and capacity to enter into this Terms and to abide by all of the terms and conditions of this Terms. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You may have only one account with the Service.
2. Non-Commercial Use
uDates mobile application is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities are not entitled to use the Service for any purpose. Illegal and/or unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that you will not create any databases, websites, applications, software, legal entities and services competitive with uDates. You further guarantee and warrant that you will not use the Service for any commercial purposes, and/or send or receive funds thorough the Service, and/or create accounts with fake usernames. Such activity will be investigated, your account may be deleted, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
3. Fee-Based Services, Coins
Additional services, like chats or gifts, may be bought for Coins in addition to the free services.
Cost of services:
Chat costs 5 coins for a message (160 symbol limit). Cost of gifts is shown in relevant section. If the account does no longer have Coins available, the user can no longer access the payable services until coins are replenished in user’s account.
Unused coins expire 365 days after their purchase date.
4. Prohibited content
There is no tolerance for objectionable content or abusive users. The following is a partial list of content that is illegal or prohibited on the Service. We reserve the right to investigate and take appropriate legal action at our sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and deleting account of such violators. Prohibited content includes, but is not limited to, content that:
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;
- harasses or advocates harassment of another person;
- promotes information that you know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
You may not include in your profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in your correspondence with other users any URLs, email addresses or telephone and fax numbers.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse Service, terminate accounts, remove or edit content in our sole discretion.
Our Service is to serve the purpose of contacting other users by exchanging written information as well as gift. Users must use the Service in a manner consistent with any and all applicable laws and regulations.
You are aware of the fact that uDates is making use of professional operators to animate other users and communicate with them. They will not be identified separately. This service is carried out in the highest quality and there will be no option of meeting these animators in real life.
If you wish to terminate your account, you may simply discontinue using the Service.
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Intellectual Property
uDates owns licenses or otherwise retains all intellectual property rights in the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
By your use of our Service you automatically grant, represent and warrant that You have the right to grant to uDates an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing
8. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree to defend, indemnify and hold us and our licensee and licensors, and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
10. Right of Withdrawal
Users may cancel their first purchase of Coins without penalty or obligation, at any time prior to midnight of the third business day following the day they purchase of Coins. To cancel the purchase of your Coins, e-mail a signed and dated written notice which states that you are canceling your purchase. This notice should be sent to: [email protected]. You may in the alternative mail the cancellation notice to the address stipulated above. The mailing must be postmarked during the three-day cancellation period. Please include your username and email address in any notice or your refund may be delayed. If you cancel the purchase of your Coins during the three-day period, uDates will return, within ten business days of the date on which uDates receives notice of cancellation, payment for the membership you have made. You will not be allowed to rejoin as a user after canceling according this Section. Additional documents may be requested from You.
11. Limitation Of Liability
Except in jurisdictions where such provisions are restricted, in no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, cost of procurement of substitute Service or Service interruptions, even if we know or have been advised of the possibility of such damages resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of use of your account.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis and is provided without warranties of any kind, whether express, statutory or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We and our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements and expectations or success.
Although each user must agree to the Terms, we cannot guarantee that each user is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Terms. In addition, it is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Service and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to other users. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyones use of the Service, any content posted or transmitted to users, or any interactions between users, whether online or offline.
Disputes. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM uDates.
You thus give up your right to go to court to assert or defend your rights under this Terms (except for matters that may be taken to small claims court). Your rights will be determined by an neutral arbitrator and not a judge or jury. You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceedings).
Any dispute or claim relating in any way to your visit to or use of Service sold or distributed by uDates or through uDates shall be resolved in the following manner.
Informal Process First. You agree to first contact uDates Customer Support by email and attempt to resolve the dispute with us informally for a period of 60 days.
Binding Arbitration. If the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Service and/or this Terms, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Terms to arbitrate, by binding arbitration.
Arbitration Tribunal. The American Arbitratoin Association (“AAA”) will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by the New York Supreme Court located in New York County, New York pursuant to New York Civil Practice Law and Rules (“CPLR”) § 7504. The parties irrevocable consent to the jurisdiction of the courts of the State of New York for the purpose of administering an arbitration under Article 75 of the CPLR. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.
Arbitrator and Rules. If the arbitration involves claims totaling less than US $250,000, the arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitratal proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. If the arbitration involves claims totaling more than US $250,000, the arbitration will be conducted before three neutral arbitrators, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Commercial Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.
Location of Arbitration. The arbitration will be conducted in New York City, New York, USA, or such other place as chosen by the Arbitration Tribunal. If you live in the United States, you have the right to ask the Arbitration Tribunal to conduct the arbitration near your home if the arbitration involves an in-person hearing.
Costs and Fees. Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules, but if you are financially unable to pay any of them, uDates will pay them for You.
Starting an Arbitration. A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.
Your Right to Sue in Small Claims Court. Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve You of Your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against us.
CLASS ACTION AND JURY TRIAL WAIVER. YOU AND uDates AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND uDates ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
15. Contact Us
If you have any questions about these Terms, please contact our Customer Support Team.
SIA Battika, reg. number 40003354915, Latvia, Riga, Matisa iela 61 - 33, LV-1009