TERMS OF USE

Effective Date: April 28, 2021

 

IMPORTANT NOTICES

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR SITES, APPS AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, PRIVACY POLICY AND ALL OTHER TERMS INCORPORATED BY REFERENCE (IF ANY). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITES, APPS OR SERVICES.

THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 16 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

IF YOU BECOME A A.Y.M.S LTD MEMBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTIONS 6(d) AND (e) FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.

 

1. ACCEPTANCE OF AGREEMENT

 

2. CHANGES TO AGREEMENT

 

3. ELECTRONIC RECORDS

 

4. ELIGIBILITY

 

5. USE OF SERVICE

You assume all risk when using the Service, including but not limited to all risks associated with any online or offline interactions with others, including dating. In addition, you agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU UNDERSTAND THAT SERVICE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ALL MEMBERS. A.Y.M.S MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. A.Y.M.S MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE ABILITY TO SECURE ANY VISAS OR OTHER INTERNATIONAL TRAVEL DOCUMENTATION. A.Y.M.S 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. You acknowledge that not all users are available for matching and that A.Y.M.S may create test profiles or accounts to monitor the operation of the Service.

You agree not to do any of the following in connection with the Service or the users thereof:

 

6. PAID SERVICE

 

7. USER CONTENT

 

8. PRIVACY POLICY

Please refer to our Privacy Policy for information about how A.Y.M.S collects, uses, stores and discloses personally identifiable information from its users.

 

9. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE

 

10. COPYRIGHT POLICY

 

11. TRADEMARKS

"A.Y.M.S," A.Y.M.S's logos and any other trade name or slogan contained in the Service are trademarks or service marks of A.Y.M.S, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of A.Y.M.S or the applicable trademark holder. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of A.Y.M.S and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

 

12. THIRD PARTY CONTENT

 

13. MOBILE SOFTWARE

 

14. DISCLAIMERS

 

15. LIMITATION OF LIABILITY

 

16. GOVERNING LAW AND ARBITRATION; WAIVER; INDEMNIFICATION

 

17. GOVERNING LAW

The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.

 

17-1. GOVERNING LAW FOR EU RESIDENTS

If you are a resident of the European Union and European Economic Area, the agreement to arbitrate in Section 16 will not apply to you. The laws of Cyprus, excluding its conflicts of law principles, govern the terms of this Agreement and your use of the Service. Unless otherwise required by a mandatory law of a member state of the European Union, the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement and your use of Service shall be in the appropriate courts located in Limassol, Cyprus. You hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.  

 

18. INDEMNITY

You agree to defend, indemnify and hold A.Y.M.S, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney's fees, due to or arising from (i) your use of or access to the Service, including any data or content transmitted or received by you, or your inability to use the Service; (ii) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your account (iii) your conduct in connection with the Service or other users, (iv) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (v) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code or (vii) your violation of any applicable laws, rules or regulations.

 

19. TERMINATION

 

20. SPECIAL STATE TERMS

a. The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island and Wisconsin:  

i. If you become the buyer of the Service, you may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Ohio users may email us at gay.video.chat.help@hotmail.com.). Please include your username and email address in any correspondence or your refund may be delayed. If you cancel, A.Y.M.S will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such a three day period, we will refund the full amount of your subscription.

ii. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of A.Y.M.S) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing A.Y.M.S a notice at the same address as listed above.

b. The following provisions are added to this Agreement for subscribers residing in the European Union and European Economic Area:

i. Generally, you have the right to cancel this Agreement without giving any reason within 14 days (cancellation period) after the day of activation of your subscription (right of withdrawal).

ii. To exercise such right, you must inform us of your decision to cancel by sending an unequivocal statement to gay.video.chat.help@hotmail.com.. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your cancellation before the withdrawal period has expired.

iii. If you cancel this Agreement and your subscription, we will refund to you the full amount of your subscription without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel it. We will carry out such refund using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such refund. Nevertheless, you may not request for refund or reimbursement for of any fees paid for any in-Service (except for subscriptions) features due to their online digital nature. Being an integral part of the Service interface and functional, those in-Service features are perceived to be fully consumed by you right after you buy and access to them through the service. Thus, all the funds paid for them are non-refundable.

iv. You also may communicate your decision to cancel your subscription to us by sending a registered or regular mail to: Social Impact INC. 1180 North Town Center Drive Suite 100, Las Vegas, Nevada, 89144, United States of America. When contacting us via mail, please ensure that you insert sufficient information to identify you, e.g. your name, physical address, telephone number, name of your account (profile), e-mail address, etc.

v. Please note that if you choose to immediatelly use and access the Service during cancelletion period, your right of withdrawal will be lost. By accepting this Agreement, you expressly give your consent and confirm your acknowledgment that you will lose your right of withdrawal in the above-mentioned case.

 

21. MISCELLANEOUS