1. Eligibility. You must be eighteen or over to register as a member of Tempted or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You acknowledge and understand that you access the Website and Service freely, voluntarily, and willingly, and for your own personal enjoyment.
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by Tempted of your written or email notice of termination. Tempted may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Tempted. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 1, 3, 4, 5, 6, 7 , 8, and 9-16 of this Agreement.
3. Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. You are prohibited from accessing or using the Website for illegal or commercial purposes, including but not limited to, collecting usernames, profile data, and/or email addresses of members by electronic or other means for the purpose of marketing or sending unsolicited commercial email or electronic messages. Unauthorized framing of or linking to the Website is prohibited.
4. Proprietary Rights in Content on Tempted. Tempted owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Tempted, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site. Without waiver of any of the immunities provided to us as an interactive services provider under the CDA please take note that we prohibit anyone from promoting illegal activities (such as prostitution) or commercial activities of any kind in their profile or in messages sent on the site or arising out of information obtained from the Website or Services and if such conduct comes to our attention we reserve the right to, amongst other things, remove you from the site and ban you permanently and seek additional remedies. Furthermore you agree that:
- You understand and agree that Tempted may review and delete any content, messages, Tempted Messenger messages, posts, photos, videos, or profiles (collectively, "Content") that in the sole judgment of Tempted violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- By posting Content to any public area of Tempted, you automatically grant, and you represent and warrant that you have the right to grant, to Tempted 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. Specifically you agree and acknowledge that your profile and related information and content may be utilized and displayed on other sites which are owned by related companies or authorized services providers ("Network websites"). You also agree that Tempted and related companies and authorized services providers may contact you through information manifested through the Website and Services via email, SMS, or otherwise to communicate with you regarding the Website and Service or to advertise to you goods and services or to send and receive communications from other Service members and Website users . You are fully responsible for all costs associated with the above communications such as for example the costs of SMS text messages.
- Your profile and its related information and content may be searchable by,members registered to other Network websites. Conversely you may be able to search for member profiles which are registered to other Network websites. This feature may allow you to interact with additional members of Network websites.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Tempted 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 Service and terminating the membership of such violators. It includes 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;
- harasses or advocates harassment of another person or contains content that violates the privacy or rights of others including for example the unauthorized use of likeness;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that manifests any person under the age of 18 or exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- contains obscenity;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- offering money or other consideration in exchange for sex;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Tempted cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Tempted reserves the right to restrict the number of emails or electronic messages which a Member may send to other Members in any 24-hour period to a number which Tempted deems appropriate in its sole discretion.
6. Copyright Policy/DMCA. 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. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, where applicable please provide our DMCA Copyright Agent with the following information as more specifically provided below in our DMCA policy. Counter notifications where applicable under the DMCA can be provided to the DMCA authorized agent indicated below.DMCA Policy
Tempted respects the intellectual property rights of others and expects its users and members to do the same. In accordance with the Digital Millennium Copyright Act Tempted will respond expeditiously to claims of copyright infringement committed using the Tempted Service or Website that are reported to the Tempted Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Tempted Service or Website by completing the following DMCA Notice of Alleged Infringement and delivering it to the Tempted Designated Copyright Agent. Upon receipt of Notice as described below Tempted will take action pursuant to the DMCA, including where appropriate removal of the challenged use content from the Website or Services and/or termination of the Tempted user's account.
DMCA Notice of Alleged Infringement ("Notice")
Blyther Holdings Limited
Perdika 7, Strovolos PC 2057
The current pricing of the various memberships is shown on the registration page. The pricing may change from time to time via notice to you and is effective on your click through agreement. In order to cancel a Free Trial or any membership, go to the Members Help Center page located in www.Tempted.com. You may also cancel by phone or by email to email@example.com.
Credit card users may be subject to a preauthorization. The preauthorization is not a charge to the credit card. However, the then applicable monthly subscription rate may be reserved against the Member's available credit card limit. The Website will not be held responsible for bank charges, fees or penalties due to overdrawn or delinquent Member accounts. Contact your credit card issuing financial institution for details.
8. Member Disputes. You are solely responsible for your interactions with other Tempted Members, Website users, and third party advertisers. Tempted, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
9. Disclaimer and Limitation of Liability Regarding Interactions Between Members. You are solely responsible for your interactions with other Members. You understand that Tempted does not in any way monitor the activity of its Members either offline or online. Nor does Tempted screen or interview its Members, nor does Tempted inquire into the backgrounds of its Members or attempt to verify the accuracy or statements made by Members. Tempted makes no representations or warranties as to the conduct of Members or those acting on their behalf. You agree to take reasonable precautions in all communications, meetings or interactions with other Members of the Service, particularly if you decide to meet offline or in person. You should not divulge personal or financial information to strangers.
In the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the Tempted site, you release Tempted , including its officers, directors, agents, and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
In no event shall Tempted be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, punitive, consequential, and/or incidental, arising out of or relating to your conduct or anyone else's conduct in connection with the use of the Service, including without limitation, bodily injury, emotional distress, loss of reputation and/or any other damages resulting from communications or meetings with other Members or persons you meet or come into contact with through this Website or Service or from information provided using the Website or Service.
10. Service - Tempted does not guarantee, at any time, either their paid or free membership holders, that the website will be fully operational all the time. Members may face periodic service interruptions or lost data. Please note that the Website and Services are an entertainment service. All profiles are provided for the entertainment of our members and our users. You are not guaranteed that you will find a date or that you will meet any of our members in person or that any given person or profile manifested on the Website or Services is available or interested in dating or communicating with you or anyone else. You also understand and acknowledge that some users and members may provide inaccurate information, messages, and profile data and you agree that Tempted shall not be liable to you in any manner for the same.
11. Disclaimers. Tempted is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Tempted is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Tempted assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Tempted is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Tempted be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Tempted expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Tempted cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
12. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Tempted be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Tempted has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Tempted's liability to you for any cause or action or claim whatsoever, and regardless of the form of the action, will at all times be limited in aggregate the amount paid, if any, by you to Tempted for the Service during the term of membership.
13. Cancellation and Refund. Subscribers may cancel the service at any time by contacting our customer service agents. Those who are dissatisfied with the service may request a refund of the last month's charge. In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase Subscribers who are dissatisfied with the service may request a refund of the last month's charge by contacting our customer service agents. In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase.
14. Governing Law and Venue. This Agreement shall be construed, interpreted and enforced in accordance with the laws of Cyprus without reference to its conflict of laws rules. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising out of or related to this Agreement, which are unable to be resolved informally, shall be resolved by binding arbitration in Cyprus, in English, according the applicable rules of arbitration in Cyprus. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof.
15. Indemnity. You agree to indemnify and hold Tempted, its subsidiaries, affiliates, officers, agents, service providers, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
16. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Tempted regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.