Terms & Conditions
evedat.com/happilyeverdates.com by Webster Creative Solutions, Inc., a Service for single adults to meet and interact online (Referred to within as the "Company" or the "Website"). By accessing
evedat.com/happilyeverdates.com by Webster Creative Solutions, Inc.. If you wish to become a member and make use of the
Please also thoroughly read
We take reasonable precautions to keep the details of your membership, and of any correspondence that you may send through the use of the Website and Services, secure but we cannot be held liable for any losses as a result of unauthorized access to information provided by you.
ACCEPTANCE OF TERMS
This Agreement is entered into between
You may not assign or transfer this Agreement, any right granted under this Agreement or your Membership to any other person.
- If you become a Member, you represent and warrant that you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Service.
- Your use of the Website may be affected by other agreements between you and us or you and third parties and any use of this Website does not modify the terms and provisions of such other agreements."
WEBSITE ACCESS AND USE
This Website is made available for your personal use only. You may not make any commercial use of the Website whatsoever, including without limitation for the purposes of selling products or Services or to increase traffic to your or any other Websites.
- Members further understand, acknowledge, and agree that, from time-to-time, Hosts may contact both Members via computer-generated Instant Messages or emails for purposes of encouraging further or broader participation in our Websites Services and/or to monitor user activity. These messages may be transmitted to multiple recipients at the same or similar time(s). Messages from Hosts will contain the uniform designation "Host" to notify the user that a message has been received from a Website Host. In the event the user responds to a Host message, either via email or Instant Message, the user may receive one or more additional personal or form responses from the Host. Members understand, acknowledge, and agree that no physical meeting will never take place between Members and our Hosts, and that the exchange of messages between Members and Hosts is for entertainment purposes, as well as to encourage further or broader participation in our Website's Services and/or to monitor user activities. Notwithstanding the above, the user is not guaranteed a response to any message sent to a Host (or another user).
- We reserve the right to utilize Hosts in connection with other features of our Website, either now existing, or to be developed in the future. Members understand, acknowledge, and agree that any involvement or communication with Hosts shall be subject to the conditions, limitations, and acknowledgements contained in this Section and elsewhere in this Agreement.
- Nothing contained in this Section shall create any right to, or expectation of, interaction between users and Hosts. Any question regarding Host participation on our Website should be directed to our Customer Service Department.
PROHIBITIONS OF WEBSITE USAGE
In addition to any other limitations set out in this Agreement, you may not nor, will you allow others to, directly or indirectly:
- download content from the Website other than for page caching automatically performed by your Web browser software for the purpose of viewing the Website;
- modify, copy, display or translate the Website or any part of the Website;
- decompile, reverse engineer or disassemble the Website;
- create, reproduce, upload, download, communicate, publish, store or use any content or other material the effect of which is to infringe upon third party intellectual property rights including copyrights;
- frame or use framing techniques to enclose any element of the Website including any of its content without our express written consent;
- use any meta tags or other "hidden text" containing our name or trademarks without our express written consent;
- meta-search the Website;
- upload, post or otherwise transmit on this Website any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
- interfere with the security of, or otherwise abuse, this Website or any system resources, accounts, servers or networks connected to or accessible through this Website or associated or linked Websites;
- use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Materials in whole or in part;
- use or attempt to use another's account, password, Service, system or other information without prior written authorization from us, or create or use a false identity on this Website;
- transmit through, to or from this Website spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
- upload to, distribute to, or otherwise disseminate through this Website or through the use of the Services, including through the use of the Services to deliver letters to third parties, any material or information of any kind that is defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or Services;
- disrupt or interfere with any other person's use or enjoyment of this Website or associated or linked Websites;
- attempt to obtain unauthorized access to this Website or portions of this Website which are restricted from general access;
- use this Website in any manner that could damage, disable, overburden or impair this Website; or
- use the Website or Services in any way that violates applicable law.
You must register on the Website to become a Member by supplying certain registration information ("Registration Information") including without limitation your name, telephone number, mailing address, email address and credit card information for billing purposes.
You represent and warrant to us that all Registration Information will be accurate.
You are not permitted to share your username or password with others or permit or authorize others to use your Membership. You are responsible for maintaining the confidentiality of your username, password and any other account access information. You will not permit others to access your account and are fully responsible for restricting access to your computer and account. You accept full responsibility for all actions taken using your account or password.
You must pay for all charges associated with becoming a Member and for the provision of the Services obtained through the Website.
Payment must be received in full prior to becoming an active member. Your credit card will be charged when you become a Member or place any order for Services. Your credit card will thereafter be charged monthly if you choose to continue your membership.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you log out from your account at the end of each session.
SUBMISSION OF INFORMATION
We may provide certain security in an effort to protect the electronic transmission of credit card numbers or other financial information that you submit to us through this Website. However, we do not guarantee the security of any information including any financial information transmitted to or from this Website.
Other than the financial information, you are not permitted to send or transmit any confidential or proprietary information to us through this Website. Except for the financial information referred to above or personal information about you, any information that you send to us through this Website will be deemed not to non-confidential information to which you have granted us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense such information or to incorporate it in other works.
PERSONAL INTERACTIONS WITH OTHER MEMBERS
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT, NOR WILL CONDUCT, CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- The Company is not responsible for the personal conduct of any Member. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or 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 Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to another Member. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members. Always proceed with safety when meeting people for the first time.
CONTENT POSTED BY YOU ON THE WEBSITE
IT IS STRICTLY PROHIBITED TO PUBLISH ANY DATA, MAKE REFERENCE TO OR PROMOTE ANY FORM OF PROSTITUTION, ESCORT SERVICES, PORNOGRAPHY, OR HUMAN TRAFFICKING.
Member may not solicit personal information from anyone under the age of 18 or provide material that exploits people in a sexual, violent or other illegal manner.
- You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "Post") on the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the Website or as part of the Service or transmit to the Company or any other Member (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, rude, vulgar, derogatory, sexist, defamatory, insulting, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
- You understand and agree that the Company WILL monitor or review any Content you post on the Website or as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Website or the Company. The Company may restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
- Your use of the Website and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer Service or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
- You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member profile that may be viewed by other Members. You agree that any Content you place on the Website to be viewed by other Members may be viewed by any person visiting the Website or participating in the Service.
CONTENT PROHIBITED ON WEBSITE AND/OR PERSONAL PROFILE
The following is a partial list of the kind of Content that is prohibited on the Website, personal profile, or as part of the Service. You may not post, upload, display or otherwise make available content that:
- constitutes or advocates for harassment or intimidation of another person;
- constitutes or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
- 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 images, audio or video, or links to pirated images, audio or video files;
- promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- requests money from, or is intended to otherwise defraud, other users of the Website or Service;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
Member represents and warrants that all photographs uploaded to profile are accurate and up to date. Misleading other website members with false images is strictly prohibited.
Member will not post nude or sexually explicit photos; including anything related to fetish, kink, overly sexual poses or where one can see outlines of explicit body parts through clothing.
Member will not post any images or content containing children is strictly prohibited; including family photos of your own children.
Member will not post any images displaying, referencing or promoting prostitution, escort services, pornography, and/or human trafficking.
Member will not post any images containing violence, hate groups, weapons of any kind, drugs, drug use; or images of any kind containing blood, gore, death or horror.
Member will not post any unclear, blurry or outdated photographs. All images should be visibly recognizable.
Member will not post any photos or content owned or copywritten by another individual without permission/consent.
The Company reserves the right, in its sole discretion, to investigate and take any and all appropriate legal action against any person whom violates these guidelines/provisions, including removing the offending communication from the Website or Service and terminating or suspending the membership of such violators.
The following, in addition to the actions prohibited above, is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
- impersonate any person or entity or misrepresent facts about any person or entity.
- solicit money, goods, or other property from any Members.
- post any Content or act in any manner that is prohibited by Section 9.
- "stalk", abuse, use profanity, send sexually oriented communication, threaten, intimidate, act in a rude, vulgar, sexist, or derogatory manner, defame, insult, make racially offensive statements, publish illegal material, or otherwise harass any person.
- express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
- ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its contents.
- collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
- interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website.
- email or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software).
- "frame" or "mirror" any part of the Service or the Website, without the Company's prior written authorization.
- use meta tags or code or other devices containing any reference to the Company, the Website or the Service (or any trademark, trade name, Service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
All content on the Website, including all text, graphics, icons, images, audio or video clips and software is our property or the property of our licensors and is subject to copyright. All compilations of content on the Website are our exclusive property and subject to copyright and other intellectual property laws.
All marks displayed on the Website are trademarks or registered trademarks belonging to us or to our affiliates or licensors. The Website look and feel, layout, graphics, icons and images constitute trademarks or trade dress belong to us. Our trademarks and trade dress may not be reproduced or used in association with any products or Services except as authorized by us. All trademarks not owned by us or our affiliates that appear on the Website are the property of their respective owners.
REPRESENTATIONS and WARRANTIES
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to comply with its terms, that you will comply with all of the terms, conditions and other provisions of this Agreement, that you will comply with all applicable laws and policies affecting the use of the Website or Services, and that you will only use the Website or Services on a computer on which such use is authorized by the computer's owner.
DISCLAIMER AND LIMITATION LIABILITY
No representations, conditions, warranties or guarantees are expressed or can be implied regarding the Website OR THE SERVICES or THEIR use, including without limitation any representations, conditions, warranties or guarantees as to description, conditions, fitness for purpose, quality, quantity or merchantability or as to any other matter whatsoever. You expressly waive all such express or implied representations, conditions, warranties and guarantees.
Without limiting the generality of the foregoing, we make no representations, conditions, warranties or guarantees about the ACCURACY, COMPLETENESS OR TIMELINESS OF ANY MATERIAL DELIVERED BY US.
NEITHER WE NOR OUR AFFILIATES NOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, will be liable for damages of any kind arising out of or from the use of the Website. This limitation shall apply irrespective of the nature of the cause of action, demand or action, including but not limited to, breach of contract, negligence, tort or any other legal theory and survive a fundamental breach or breaches or failure of the essential purpose of this Agreement, or any remedy contained in this Agreement. In no event shall THE FOREGOING be liable for indirect, special, consequential, incidental, punitive or exemplary losses, damage or expenses (including but not limited to business interruption, loss of profits, lost business, or lost savings) even if THEY have been advised of their possible existence. The allocations of liability in this Agreement represent the agreed and bargained-for understanding of the parties.
IF THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MIGHT NOT APPLY TO YOU.
You agree to hold harmless and indemnify us, our agents, affiliates, partners, successors or assigns, and their respective directors, officers, shareholders and employees (each an "indemnified party"), from and against any losses, damages, expenses, fines, monetary penalties, liabilities (whether accrued, actual, contingent, latent or otherwise), claims and demands of any nature or kind including any interest and all legal fees and costs on a substantial indemnity basis, and including without limitation any claims for loss of revenue, expected profits or expected savings, or any other commercial, economic, general, specific, direct, indirect, special, incidental, consequential, punitive or exemplary losses or damages (each a "claim") which an indemnified party may suffer or incur by reason of any breach or allegation of breach of any warranty, representation or agreement made by you under this Agreement, by reason of your use of the Website or Services or by reason of a failure by you to comply with all applicable laws.
AMENDMENTS and WAIVERS
NOTICE AND COMMUNICATION
When you visit the Website or send any e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website.
You agree that all demands, notices or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any one or more provisions contained in this Agreement should be held by a court or other tribunal to be invalid, illegal or otherwise unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
TERM AND TERMINATION
- This Agreement will remain in full force and effect while you use the Service and/or are a Member.
- You may change or cancel your membership at any time, for any reason, by following the instructions on the "change/ cancel membership" or similar page on our customer service page. If you cancel your subscription, the Company requires a reasonable amount of time to process the action.
- The Company may terminate or suspend your subscription and/or membership in the Service at any time without notice if the Company believes that you have breached this Agreement, including, but not limited to, by using the Website and Service for non-personal use, engaging in prohibited or inappropriate communications or activities, and any breach of your representations and warranties. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
USE OF THIS WEBSITE IS AT YOUR OWN RISK.
We will not be responsible or held liable in any way for any unauthorized use of your Membership. You are solely responsible for your interactions, communications, information sharing, personal choices made on and offline.
REFUND AND CANCELLATION
Membership may be cancelled at any time.
All members are able to cancel their membership directly by visiting the customer service area of our
website at evedat.com/happilyeverdates.com, or by contacting us directly via Live Chat, which is available
24 hours a day, 7 days a week on our site.
Full refunds are also issued upon request. Members may request a refund via Live Chat on ourLive Chat on our support website, by sending an email email@example.com, or via calling our toll-free number (877) 876-5620 .
Once a refund has been issued, please allow 3-5 business for the funds to be returned to your card.
Transaction times may vary; please consult your financial institution to discuss their processing guidelines.
Customer Service Agents are always standing by to assist.
As a Member, if you have any other questions, concerns or issues, please contact our Customer Service Center, 24 hours a day, 7 days a week.
We appreciate your time and business.