Our Terms and Conditions
Last Updated: [April 23rd, 2021]
Thank you for visiting www.casualdatingcanada.com (the “Website”). Casual Dating Canada is an adult chat service which allows you (“User” or “Users”) to engage in adult online chatting with profiles. By visiting and using our Website, you are agreeing to these Terms and Conditions (“Agreement”, “Contract, “Terms” etc).
This Agreement constitutes a binding contract that you have with BD Technologies AG (“we,” “us,” “Company,” etc.), a body corporate duly incorporated and registered in the Netherlands, and governs your use of our Website.
By using this Website, you represent and warrant you are the legal age of majority under applicable law to form a binding contract with the Company and you further meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The headings used in these Terms are for convenience only and shall not be deemed to define or limit the content or application of these Terms.
Account : The User account created after you submit your registration information in order to allow you to log into the Website and utilize its Services.
Code of Conduct : Rules of conduct and behaviour which must be followed at all times and in all manner of use of our Website, and for which a violation thereof constitutes a violation of this Agreement;
Content : All content on the Website which includes but is not limited to all designs, text, graphics, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from company licensors, and other files or information not licenced from a third-party;
Credits : The currency of the Website that Users use to communicate with profiles
Credit Packs : Packs of Credits which Customers can purchase for our Services;
BD Technologies AG : A corporation registered in the Netherlands which owns and operates this Website (“us,” “we,” “Company,” etc.);
Entertainment Profile : Profiles with which Users interact with via this Website in order to have adult text conversations.
Personal Information : this includes the personal data of Users that are submitted to us, or displayed on the Website which includes but is not limited to a User’s e-mail address, their gender, Profile information, username, birthdate, IP address, browser and device information, sexual preferences and interests, payment information, and other information which may identify the Use.
Profile : your personal environment on our Website with which you can access and use the Services, and;
Right of Withdrawal : The right for Customers, subject to other applicable terms and conditions, to refund their purchase of unused Credit Packs within fourteen (14) days;
Services : The services provided by us to our Users which includes the facilitation of adult text conversations.
Submissions : content submitted by a User of the Website, which includes anything that a User posts, uploads, inputs, submits, or transmits to the Website;
User : A person who visits our Website and uses it in accordance with these Terms and Conditions;
Website : This website, being accessible via the URL www.casualdatingcanada.com
3. Age and Permitted Use
Age and Capacity: Our Website and Services are only intended for people above the age of eighteen (18) years old, who have also attained the age of majority in their respective jurisdiction of residence, and who have the capacity to enter into this Agreement and abide by all of its Terms. We do not knowingly permit anyone who does not meet this requirement to access our Website or Services. By visiting this Website and using our Services, you warrant that you are at least eighteen (18) years old in addition to being within the age of majority in your respective jurisdiction, and that you have the requisite capacity to enter into this Agreement.
You further warrant and represent that you will not allow anyone who does not meet these age requirements to access this Website or use its Services, including via implementing parental controls and other similar means in your computer or device with which you access our Website. You also warrant that, should you be aware of a minor accessing our Services or Website using your Account credentials, you will immediately notify us. We are not responsible or liable for any misrepresentations by Users regarding their age for the unauthorized use of the Website or our Service.
Permitted Jurisdiction: We provide this Website for use only to persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you so do at your own risk and you are responsible for compliance with local laws of your jurisdiction. If you are a resident of Quebec and are accessing our Website, different terms may apply to you. Such Terms are detailed in this Agreement.
4. Nature of our Website and Services
Communications with Entertainment Profiles:
This Website and the Services provided through such Website is a digital fantasy chat service for adults. Users can use our Website and communicate with fictitious profiles, for adult chat conversations.
By using this Website, you are acknowledging that you consent to the communication with fictitious profiles as a means of entertainment only. Nothing contained in any of the entertainment profiles is intended to describe or resemble any real person – living or dead. Any similarity between the alias of Profile information and any real persons is purely coincidental. At times, we may also direct and influence communications between Entertainment Profiles and Users for the purpose of encouraging further use of the Website and our adult chat services. You affirm that, in your use of the Website, there is no expectation of physical contact with any of our Entertainment Profiles. Users are not however prohibited from making agreements with profiles to meet away from the Website, however we do not bear any responsibility for the consequences of such agreements.
Furthermore, you also acknowledge that you consent to receiving unprompted chat communications that are automatically generated and without human involvement. Such communications are for the purpose of stimulating conversation with Users to encourage further use of the Services.
You are aware and acknowledge that there is no possibility whatsoever of a physical meeting taking place between you and the Entertainment Profiles and that the exchange of adult or sexual messages is for digital entertainment purposes and to encourage further use of our Website. We do not guarantee that you will receive a response to any message you send on our Website.
User Communication : We make no representation or warranty as to the behaviour of Users on our Website. We do not perform background checks or criminal record checks on our Users. It is the Users sole responsibility to decide whether they wish to communicate or continue communication with the profiles on the Website and we have no liability regarding the consequences of such communications.
Right to Monitor Communications
We reserve the right to monitor all interactions between Users and the Profiles have with respect to our Website and Service in order to ensure compliance with these Terms, including but not limited to compliance with our Code of Conduct.
Our Website is generally available 24 hours a day and 7 days a week. This availability does not apply to downtime due to maintenance, software updates, or technical problems that cannot be influenced by us (for example, neglect of a third party, force majeure events, etc.). It is recommended that Users use the most up-to-date version of their internet browser for the best possible performance of the Website.
5. User Accounts and Communications
Account and Registration: You agree to provide account and user information that is complete, true, and accurate. We will not be responsible for any false or fraudulent information that a User provides, and we reserve the right to, in our sole and absolute discretion, suspend or delete your Account, and your User Profile, if we suspect that you have provided misleading or false information to us. You agree to update your information as required to maintain its accuracy, completion, and truth. You agree not to impersonate any person or entity, or make a false statement regarding your affiliation with any persons or entities, or make your Account accessible to others. YOU ARE RESPONSIBLE FOR KEEPING YOUR ACCOUNT
INFORMATIONAL CONFIDENTIAL, SECRET, AND SAFE, AND AWAY FROM ANY UNAUTHORIZED USERS.
Once you create an Account, you will have limited use of our Website. To have full functionality, you must purchase Credits to allow you to engage in our Services. Upon the creation of an Account, you will also be able to edit your Profile and add information about yourself, interests, and preferences.
By completing the registration process to create an Account, and submitting your information in that process, you grant to us a license to use the intellectual property rights on the material you submit to register including but not limited to personal information and your Profile picture. In particular, this license includes our right to duplicate, display, adapt, translate, scan, use for publicity purposes, both commercial and non-commercial, sublicense or transfer content related to the User’s Profile.
Confidentiality: You agree to maintain the confidentiality of your Account information, including your password, and to immediately notify us of any unauthorized use of your account, password, or any other breach of confidentiality. We shall not be held liable for any loss or damage arising from your failure to comply with this provision.
Consent to E-mail Communication: You agree to receive e-mails and be contacted by us for the purposes of sending you communications related to information about our Website, your Account, offers and promotions by us, information about services offered by affiliates, and any notice or communication we are legally required to send you. You may opt-out of receiving such notifications by clicking the “Unsubscribe” button at the bottom of the e-mails you receive. However, you are not able to opt-out from e-mails necessary to manage or operate your Account.
6. Site Monitoring and Enforcement, Suspension, and Termination
In order to enforce these Terms and to ensure compliance with them, including but not limited to our Code of Conduct, we monitor all activity on the Website including messages between Users and the Profiles. We reserve the right, judged in our sole and absolute discretion, to:
(a)Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
(b)At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website’s Terms and Conditions which without limitation includes our Code of Conduct;
(c)Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
(d)Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
7. Code of Conduct and Refusal of Services
Code of Conduct: All use of our Website and Services must abide by the following code of conduct. The foregoing constitutes a partial list of the kinds of use that is prohibited. We reserve the right to hold as a violation of these Terms any action or use of our Website or Services which attempt to circumvent the below rules in a way that nonetheless violates the spirit of the below prohibitions, taken altogether.
In your use of the Website and our Services, you agree not to:
(a) Violate any tort, regulation, or applicable law including but not limited to the solicitation of prostitution;
(b) Post, upload, or transmit false, misleading or illegal information or Content to the Website;
(c) Record, copy, scan, or transcribe communications with the Profiles without the prior written consent of the Company;
(d) Impersonate any other individual or entity;
(e) Violate the rights of any party, including third-parties, including without limitation to, intellectual property rights, privacy rights, or contractual rights;
(f) Upload, email, or make available any content that you are not legally permitted to make available to the Website under any law or any contractual or fiduciary obligation, including without limitation obligations regarding confidentiality with us or with third-parties;
(g) Use the information available through our Website for any commercial, unauthorized, or unlawful purpose;
(h) Interfere, frustrate, or damage our Website or Service including but not limited to the use of viruses, cancel-bots, trojan horses, harmful code, flood pings, denial of service attacks, packer or IP spoofing, forged routing or any similar technology, including future technology, and including any method that in any ways reproduces of circumvents the structure or presentation of the Website; transmit, distribute, post, upload, submit any information regarding another person or entity which includes, but is not limited to confidential information, photographs of others, personal contact information, or credit, debit, or account numbers;
(i) Use the Website to obtain the personal contact information;
(j) Use our Website in connection with the distribution of unsolicited commercial email (spam) or bulletin board postings, or junk mail for the purpose of commercial use, phishing, trolling, or similar activities;
(k) Stalk or harass Profiles
(l) Use the service if you have been convicted of, or are currently pending judgement regarding, a sexual offence anywhere in the world;
(m) Collect, store, or compile any information about the Entertainment Profiles, other than in the persona, non-commercial, and regular course of the use of the Website;
(n) Use any automated means to access the Website, including but not limited to scripts, bots, web scrapers, or other like technology;
(o) Use our Website for any commercial purpose whatsoever, including but not limited to the advertising or marketing of any services or products whatsoever;
(p) Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any component or element of our Website or any software or code used within it;
(q) Engage in any behaviour which negatively affects the ability for individuals to use the Website or our Service;
(r) Assist any third-party in engaging in any of the foregoing;
You further agree not submit any Submissions that:
(a) Are libelous, defamatory, or slanderous;
(b) Denigrates or demeans any ethnic, racial, sexual, or religious group or which promotes racism, bigotry, hatred, or physical violence of any kind against any particular group;
(c) Encourages violence in any form or characterizes it as desirable or glamorous;
(d) Contains images or the likeness of individuals, including cartoons and other such drawings, who are under eighteen (18) years of age in any manner whatsoever, or that otherwise harms minors in any way;
(f) Harasses or advocate the harassment of any other individual or entity;
(g) Promotes an illegal or unauthorized copy of another person’s copyrighted work;
(h)Solicits confidential information from others for commercial or unlawful purpose;
Refusal of Services
8. User Submissions
You acknowledge that you are responsible for any information or material you provide to the Company or post, upload, input, submit, or transmit to the Website (“Submissions”), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to distribute, or otherwise publish through the Website any images or photos of third parties or your own personal contact information, except as is necessary for the creation of a User Account. Furthermore, you may not upload to distribute, or otherwise publish through the Website any Submissions that violate our Code of Conduct.
All Submissions shall be deemed to be non-confidential and non-proprietary. The Company shall have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the Submissions to others without limitation. By transmitting such Submissions to the Company and the Website , you automatically grant to the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and
license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. Without limiting the generality of the foregoing license, if you send Submissions consisting of “testimonials,” you acknowledge that you grant the Company the right to publicly display all or a part of such Submission on the Site or in any other format or media at any time.
The Website (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a literary work or compilation under the copyright laws of Canada, and the Company, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising the Site are also copyrighted works, and the Company, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in the Website. By posting or submitting content on or to the Website, you are giving the Company and its affiliates, agents and third-party contractors the right to display or publish such content on the Website and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work, in our sole discretion), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to the Site made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by the Website, compile, re-edit, adapt or modify your Submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other Submissions, and (unless you and we expressly agree otherwise) you shall have no rights with respect thereto and the Company, its affiliates or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
9. Links to Third Parties
This Website does not as a matter of common practice link to third-party pages. However, it may at times nonetheless contain hyperlinks to other websites or webpages (“third-party pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (“third-party applications”). The Company does not investigate monitor, or review any third-party pages or third-party applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the third-party pages or any third-party applications accessed through the Website. You agree that the Company shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Website.
To whatever extent hyperlinks to third-party pages or applications on this Website are provided, this does not indicate our approval or endorsement thereof. Such links are provided solely as a convenience or benefit to Users, and are accessed at your own risk. Any interactions you may have on a third-party website or application is solely between you and said third-party. We make no representations or warranties with respect to the content, ownership, or legality of any such linked third-party website or application.
10. Non-Commercial Use and Unauthorized Copies of Content
The Company hereby authorizes you to view and use our Website and the Content therein for non-commercial personal use only. You shall not record or otherwise copy any Content. Specifically, and without limiting the foregoing, you shall not record, copy, scan, or transcribe communications with the Entertainment Profiles, without the prior written consent of the Company. Although we may provide you with access to recordings of your chat and direct messages with the Entertainment Profiles, you acknowledge and agree that, at any time in our sole discretion and without any notice, we may delete such recordings and or terminate your access to such recordings, including but not limited to situations of User violations or suspected violations of these Terms. All rights not expressly granted herein are reserved to Company and its licensors.
Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, post, reproduce, republish or retransmit any Content, information, text or documents contained in the Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of the Company. No information or statement contained in these Terms or the Website shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of the Company, its affiliates, or any third party.
11. Credits, Billing, and Refunds
You acknowledge and agree to pay for all messages with the Entertainment Profiles. Charges are calculated on a per-message basis and are paid for using credits (“Credits”) provided and sold by us in Credit Packs, and are not subject to refunds or reimbursement under any circumstances, except as may be provided by this Agreement. Credits can be purchased using credit cards or other payment mechanisms depending on your jurisdiction. Credits have a limited validity and will automatically expire after being unused for ninety (90) days. Additionally, if your Account is deactivated, all your outstanding Credits shall expire. We have no obligation to inform you of any such expiry date with regard to your Credits, and it is your sole responsibility to keep track of the expiry date of your Credits.
Your account balance with us will be denominated in Credits rather than your local currency. SUCH CREDITS HAVE NO CASH VALUE AND ARE NOT REDEEMABLE FOR SERVICES OR PRODUCTS OUTSIDE OF OUR WEBSITE, OR CASH, EXCEPT TO THE EXTENT PROVIDED BY LAW. Credits are issued by us, yet we may, in our sole discretion, assign any obligations we may have with respect to our Credits to an affiliate or third-party to manage the issuance and management of such Credits. In the case of such aforementioned assignment, you agree that such assignee, and not us, shall be solely liable to you with respect to Credits.
Customers have the right to cancel the purchase of unused Credit Packs within fourteen (14) days inclusive of the date of purchase for any reason (Right of Withdrawal). In regular circumstances, such refunds shall be completed by bank transfer payment within fourteen (14) days (the “Reflection Period”) after the User has expressly and unambiguously informed us of their decision to exercise the Right of Withdrawal.
If a User uses the purchased Credit Packs within the Reflection Period, the Right of Withdrawal will be deemed to have been waived. Users who properly request to exercise their Right of Withdrawal shall have refunds issued within fourteen (14) days via bank transfer. To this end, the User must provide banking information to facilitate such a refund. If a User insists on receiving their refund in a different manner, they will be required to pay for any increased costs associated with doing so.
After the expiry of the Right of Refusal, or if you have used any of the Credits from a purchased Credit Pack, you agree that your purchase of Credit Packs, are non-refundable.
We may offer promotions from time to time including free Credits or discounts on Credit Packs. Such discounts are offered and discontinued at our sole and absolute discretion and without any prior notice expected or required. Unless otherwise specifically provided, all coupons, discounts and special offers are non-transferrable, valid for a limited period of time, can be used only once per User, and may not be combined with any other coupon, discount or special offer.
12. Limitations, Waivers, and Indemnification
Website Provided as-is: You understand and agree that your use of the website, its content, and any kind services or items found or attained through the website is at your own risk. Our Services are provided “as is” and without warranty. We cannot guarantee that our Website will be free of glitches, errors, viruses, trojan horses, worms, or other harmful code, or interruptions. Users agree to waive all special, indirect, incidental, or consequential damages of any kind whatsoever, even if we have been advised in advance of the possibility and extent of such damages, which result from the use of, or inability to use, our Website, despite the cause.
Nor shall we be liable for any delay or failure in performance resulting from causes beyond Our reasonable control.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL BD Technologies AG, NOR ANY PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
WE CANNOT AND DO NOT GURATNEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTIBUTED DENIAL-OF-SERVICE ATTACK, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TORJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVCICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MAERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Indemnification: To the maximum extent permitted by applicable law, you, the User, agree to defend, indemnify, and hold harmless BD Technologies AG, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
13. Consent to Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, Platform, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
For the purposes of clarity, any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands. The language of the mediation and/or arbitration shall be English.
14. Intellectual Property Rights
The content on the Website, including, without limitation, all designs, text, graphics, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from our licensors, and other files or information that is not licenced from a third-party such as in the case of licenced stock images, and the selection and arrangement thereof, is proprietary property and protected by copyright under both Canadian and foreign laws. Any use of such content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
15. Governing Law and Forum
(Not applicable to Quebec residents) Except as set out below, this Agreement shall in its entirety be governed by and construed in accordance with the Laws of the Province of Ontario and the laws of Canada applicable therein, without reference to its conflict of laws provisions.
For residents of Quebec, this Agreement will be governed by and construed in accordance with the Laws of the Province of Quebec and the laws of Canada applicable therein, without reference to its conflict of law’s provisions.
Notwithstanding the aforesaid, and notwithstanding Conflict of Laws principles that would require the application of the laws of a foreign jurisdiction, you irrevocably and without warrant accept the exclusive jurisdiction of the Courts of the Netherlands in any legal proceeding that may arise from this Agreement. Any litigation commenced by you notwithstanding its violation of this Agreement and your express consent to binding arbitration, shall be commended in Amsterdam, in the Netherlands.
16. Communications in English
17. Entire Agreement Clause
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
19. Reporting and Contact
This Website is operated by BD Technologies AG
Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to the company at [email address].
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email address].
Date: April 23rd, 2021
Last updated: April 23rd, 2021
This Policy describes:
- How we collect, use, disclose, and protect the Personal Information of our website’s Users ("you”, “your”, etc.). Personal Information is defined as: any information of a personal nature, personal data, identifiable information, or account or billing information.
- The types of information we may collect from you or that you may provide when you visit our Website (“Website”, “Site”, etc.).
- Our practices for collecting, using, maintaining, protecting, transferring, destroying, and disclosing your Personal Information.
This Policy may change from time to time. Your continued use of our Website after we make changes indicates that you accept and consent to those changes, so please check the policy periodically for updates. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent will result in your inability to continue using our Website and Service.
We do not knowingly collect Personal Information from minors (natural persons under eighteen (18) years of age, or in any case under the age of majority in your particular jurisdiction) in connection with our Website. Minors are strictly prohibited from accessing or using our Website. If you believe that we have collected information about a minor, please contact us immediately so that we may appropriate steps to amend the situation.
The Types of Information We Collect About You
The following types of Personal Information that is collected from you in the course of your use of the Website and our Service:
Personal Information that we request:
When you sign up for an Account or create a User Profile, you will be asked to submit certain information which can be used to identify you, which includes your username, your contact information such as your e-mail address, your sexual preferences, demographic information, geographical information, your gender, your age, and other similar personal information. Furthermore, when you make a purchase of Credit Packs on our Website, you are required to provide billing information to process your order.
In an effort to protect certain personal data, which includes email addresses, weblinks and telephone numbers, information in the chats are automatically censored by our system and therefore are not visible.
User generated Content (“Submissions”)
As you use our Website and Service, you may send messages which reveal Personal Information about you. While we do not review the data you include in messages between you and Entertainment Profiles, this data is nonetheless available to us, is stored, and may be reviewed by us to investigate any violations of our Terms and Conditions, to which this Policy is subsumed within. If we suspect a violation of such Terms, including but not limited to the use of this Website by minors or the commission of an unlawful act, we may draw upon such stored messages and disclose them to pertinent authorities.
We collect the above information from different sources such as when you create an account with us or otherwise use or access our Website. Other times, we collect information from third parties. There are generally three ways we collect information:
1. Personal Information you may provide us:
When you create your User Profile, you may choose what personal information you would like to share with us on your Profile. Such data includes profile photo, your sexual preferences, your habits regarding smoking and drinking, body type, height, eye colour, and other such information.
2. Personal Information that we collect automatically:When you access our Website, and if you have enabled the necessary settings on your device, we will collect data regarding your IP address, which may reveal your actual geographical location, as well as information related to the device with which you are accessing the Website such as operating system and browser plug-ins.
3. Personal Information collected from third-parties:
We may also receive information about you from third-parties such as credit card companies and financial companies.
We may use technologies such as cookies, web beacons, or similar tracking technologies to automatically or passively collect certain information about visitors to our Website and interactions with our emails and online advertisements, and to allow us to keep track of analytics and certain statistical information.
Provided we have obtained your consent, such technologies enable us to improve our Website and provide you with more relevant content, a more customized user experience, and directed advertising on this Website and other sites.
We do not control these third-parties’ tracking technology or how they are used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Google Analytics: This Website uses Google Analytics, a web service offered by Google Inc. (“Google”). Cookies from Google are placed on our Website as part of the “Analytics” service. We use this service to keep track and receive reports on how visitors use the Website. Google may provide this information to third parties if Google is legally required to do so, or insofar as third parties process the information on Google’s behalf. You acknowledge and agree that BD Technologies AG has no decision-making power nor influence on this.
Combination of Information
We may combine the information we receive from and about you, including information you provide to us and information we automatically collect through our Website, as well as information collected from other online sources or from third party sources help us tailor our communications to you and to improve our Website.
How we Use the Information
We use the Personal Information we collect from you for the below purposes, among others to achieve like or similar ends:
(1) To provide you with access to our Website and use of our Services, and to allow Entertainment Profiles to message you based factors such as age, location, and preferences;
(2) To maintain and improve our Website, Services and the functionality thereof, or to customize the layout of the Website for Users;
(3) To tailor and customize the Website and information we send or display to you, to offer location customization, and to otherwise personalize your experience on our Website;
(4) To conduct market research and surveys;
(5) Subject to your consent, applicable laws, and the Terms and Conditions, to communicate with you in connection with the Services and the Website including to inform you to changes to the Website or Service, or any affiliate products or services that we believe you may be interested in;
(6) To combat fraud and to protect the security of our Website;
(7) To process your billing and purchases;
(8) To provide you with customer support should you request it;
(9) To protect and enforce our own legal rights and interests, such as to resolve disputes, enforce the Terms and Conditions or to respond to legal matters or procedures;
(10) To comply with law enforcement, requests from or to pertinent authorities, or any applicable law or regulation;
(11) To track your usage of the Website and our Services to help us deliver better services and to help us optimize our Website;
(12) To send you unsolicited messages from Entertainment Profiles based on your preferences;
(13) To make an internal algorithmic profile of you and your use of the Website to improve our Website, search functions, and to present Profiles to you that you are more likely to be interested in;
(14) In the case of a sale of our business or assets, or a merger with another company, your Personal Information will constitute an asset of the Company and may be disclosed to the other company in accordance with proper restrictions and protections on your data that are adequate to protect it.
Disclosure of your Personal Information
We do not disclose your personal information with any third parties as a regular matter of practice, but we may do so in the following circumstances:
To trusted third-parties, including:(1)
To subsidiaries and affiliates of BD Technologies AG;(2)
In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of BD Technologies AG’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our customers and users is among the assets transferred;(3)
To contractors, service providers, and other third-parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards as set out in this Policy;
To Courts and law enforcement, including:
(1) To regulators, and law enforcement agencies including the Police, pursuant to suspected commission of a criminal act, warrant, order, subpoena, or statutory requirement;
(2) In connection with any legal proceedings which we are subject to and which your Personal Information shall assist in the defence and upholding of our legal rights and position;
(3) To otherwise exercise and defend all our legal rights and protect against misuse of the Website, to prevent fraud, and to protect the personal safety and property of Users, or third-parties, as permitted by law.
We do not otherwise sell or share your Personal Information to any third-parties, except with your permission. You also understand and affirm that some of your Personal Information, such as in the case of your User Profile, shall be available to view by third parties of the Website.
Entertainment Profiles and Your Privacy
Data Security, Retention, and Destruction
The security of your Personal Information is very important to us which is why we encrypt all Personal Information we collect. We also take steps to protect Personal Information from loss and theft as well as unauthorized access, disclosure, copying, use, and modification using safeguards and technological measures concordant with the sensitivity of your Personal Information. All of our employees and agents are required to keep your Personal Information safe, secret, and confidential.
Although we do our best to protect your personal information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is ultimately done at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We may then destroy such information by wiping it from our systems. In other circumstances, we may anonymize your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
Transferring Your Personal Information
We may transfer personal information that we collect or that you provide as described in this policy to contractors, service providers and other third-parties we use to support our business and who are contractually obligated to keep Personal Information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
Accessing and Correcting Your Personal Information
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law, you have the right to request access to and to correct the Personal Information that we hold about you.
If you want to review, verify, correct, or withdraw consent to the use of your personal information you may also send us an email at email@example.com to request access to, correct, or delete any personal information that you have provided to us.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the Personal Information that we hold about you or make your requested changes. If we cannot provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
If you are concerned about our response or would like to correct the information provided, you may contact us by sending us an e-mail stating your concern to firstname.lastname@example.org
How we Secure Your Information
We are committed to handling your Personal Information with high standards of information security. We maintain physical, electronic and procedural safeguards to guard your non-public personal information, both during transmission and once we receive it. When you enter sensitive information (such as a credit card number) into our Site, we encrypt the transmission of that information using secure socket layer technology (SSL). No method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, we cannot guarantee the absolute security of your information.
Withdrawing Your ConsentWhere you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us using the contact information listed below. Please note that if you withdraw your consent, we will not be able to allow you to continue visiting or using our Website.
Reporting and Contact
This Website is operated by BD Technologies AG
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to email@example.com
Last updated at 05-04-2022
Our company details
Tel: +1 226-457-7561
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