WE MAY SHARE REVENUE WITH THE FEMALE USERS' INTRODUCERS.
BY USING OUR WEBSITE, YOU
AGREE TO THE RESULTING INCREASED RISKS OF
INCENTIVIZED COMMUNICATION AND IMPERSONATION.
Please see our Risk Notice for more details
documents referred to in these Terms, form a legally binding agreement ("Agreement") between
you, a user, and Renderwison Ltd. ("Top-Brides", "Company", or "us", in any declension).
This Agreement governs your access to and use of www.Top-Brides.com ("Website") and the
associated services offered through this Website or application (together with the Website,
the "Service" or the "Services"). Please print and retain a copy of this Agreement for your
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (SEE SECTION 22)
AND LIMITATION OF LIABILITY (SEE SECTION 23).
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER
PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY
TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS
MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES
EXCEPT AS SPECIFIED BELOW IN SECTION 26 OR IF YOU OPT OUT. OPT OUT IS
ONLY POSSIBLE WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE. PLEASE SEE
SECTION 26 FOR DETAILS.
We may change this Agreement with you by posting changes to the Service or by giving you
notice. Use of the Service after the effective date of any changes constitutes your acceptance of
such changes. Please see Section 1(b) below for more details.
- 1. Your Acceptance of This Agreement. Changes. Notices
- 2. Eligibility
- 3. Membership and Virtual Currency; Pricing
- 4. Term and Termination
- 5. Non-Commercial Use
- 6. Account Security
- 7. Your Interactions with Other Users and Members
- 8. Content on Our Website
- 9. Content Posted by You on the Website
- 10. Prohibited Activities
- 11. Customer Service
- 12. Suppliers, Validated Members
- 13. Personal Meetings
- 14. Third-Party Links and Websites
- 15. Modifications to Service
- 16. Blocking of IP Addresses
- 17. Copyright Policy
- 18. Members Disputes
- 19. Privacy
- 20. Refunds
- 21. Additional Provisions Applicable in Certain States
- 22. Additional Disclaimers of Warranties
- 23. Limitation of Liability
- 24. Idemnity of You
- 25. No Third Party Beneficiaries
- 26. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
- 27. Governing Law
- 28. Entire Agreement
- 29. Electronic Signature
- 30. No Waiver
- 31. Force Majeure
- 32. Contact Information
1. YOUR ACCEPTANCE OF THIS AGREEMENT. CHANGES. NOTICES.
a. Electronic Agreement. This Agreement is a binding agreement between you and Top-Brides. By accessing or using the Website or the Service, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein. If you do not accept this Agreement, then do not access or use the Service. This Agreement applies to all users of the Service ("Users"), including, without limitation, users who are browsers, customers, and/ or contributors of content.
b. Changes. We reserve the right, at our sole discretion, to change the Agreement from time to time and at any time and without prior notice by (i) posting the changed Agreement (or parts of it) to the Service; or (ii) otherwise giving you notice of the changes. The changes shall be effective upon such posting by us or upon us giving you such notice, whichever is the earlier (unless we expressly indicate otherwise).
It is your responsibility to check our Service and your email account periodically for changes to these Terms and other parts of the Agreement. You can find the Terms at http://Top-Brides.com/terms-of-use.
Your continued use of or access to our Service following the effective date of any changes to the Agreement constitutes acceptance of those changes. This Agreement may not be changed by you, unless any changes proposed by you are expressly accepted by Top-Brides in writing.
Any new features which are added to the Service shall also be subject to the Terms.
In this clause, the terms "change" and "changed" in relation to changes to the Agreement shall be interpreted broadly and shall include any and all modifications, amendments, revisions and restatements whatsoever, including adding or removing any portions of this Agreement.
c. Changes to parties. We may assign or transfer all of our rights and obligations hereunder to any other person, whether by way of novation or otherwise, and you hereby give us consent to any such assignment and transfer. You agree that posting on this Website of a version of this Agreement indicating another person as a party to this Agreement will constitute sufficient notice to you of the transfer of our rights and obligations under the Agreement with you to that party (unless otherwise is expressly indicated).
d. Notices. Without prejudice to the provisions of the preceding clause, we may choose to notify you of changes to this Agreement by posting a notice via the Service, by sending you an email, or otherwise.
If we choose to notify you about changes to this Agreement or about other matters by email, each such notification shall be effective and shall be deemed received by you immediately after being sent to the email address you have provided to us, even if: (i) our email notification is filtered as a spam, junk, bulk, or other undesirable or low-priority message and is not displayed in your email inbox; or (ii) you do not actually read it for any other reason.
To reduce the chance that it is so filtered, please add importantlegalnotices@Top-Brides.com to your email contact book and whitelist this address as a "safe" or "approved" sender. In addition, you may wish to create a custom filter marking emails from this address as important emails for your high-priority inbox. Please contact your email service provider if you are not sure how to do any of that.
You agree to notify us immediately of any change in your contact details, including your email address. You can do so by updating your profile on the Website (if applicable) or by contacting support@Top-Brides.com.
e. You acknowledge and agree that users of Top-Brides may be part of an online community that includes other websites owned by the Company or its affiliates ("Affiliate Websites"). Therefore, with your consent, we may use your profile on the Website to populate registration and profile information on the Affiliate Websites.
a. Age Restrictions. No part of the Service is directed to persons under the age of 18 or the age of majority in your state or jurisdiction, whichever is greater. IF YOU ARE UNDER 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR STATE OR JURISDICTION, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you represent and warrant you are at least 18 years of age or the age of majority in your state or jurisdiction, whichever is greater. If you are under 18 years of age or the age of majority in your state or jurisdiction, then you are not permitted to use the Service.
b. Membership in the Service is void where prohibited by law. By using the Service, 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. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If any such representations or warranties turn out to be false or misleading in any way, your membership will be terminated immediately (without prejudice to the generality of other provisions of this Agreement), and Top-Brides reserves the right to take any all legal action against you to enforce its rights and to refuse to make any refund of any unused or used funds in your account.
3. MEMBERSHIP AND VIRTUAL CURRENCY; PRICING.
a. Accounts. You may become a Member of the Service at no cost. If you are registered with the Service and have a profile, then you are a "Member."
b. To become a Member, you must create an account by providing a valid email address, username, password and/or other information as prompted by the registration form or as required by applicable law. Those Members who are referred to us by our local service providers may be registered with the Service by such local service providers, who may provide such Members’ registration information to us on the Members’ behalf (please see Section 12 ("Suppliers. Validated Members") below for more details). We may also allow you to register by using your social network credentials. When registering, you are prohibited from selecting or using as a username: (i) a name of another person with the intent to impersonate that person; (ii) a name that is subject to any rights of a person other than you without appropriate authorization; or (iii) a name that is otherwise offensive, vulgar, or obscene. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username and give such username to another User of the Service in our sole discretion, and without any liability to you. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
c. Premium Features; Credits. Certain features of the Service are only available to paying Members ("Premium Features"). In some cases, we may offer Premium Features for a flat fee payable each time you use a Premium Feature or depending on the amount of time you use a certain Premium Feature. In those cases, you agree to pay the fee stated on the Service. We also may or may not provide for the possibility to subscribe for regular access to certain features of the Service. We may ask you to pay for Premium Features using our virtual currency known as "Credits." You may be required to pay a fee using real currency to obtain a license to use Credits. Regardless of what we call them, Credits are not real currency, do not have monetary value, and may never be redeemed for real currency, or other items of monetary value from outside of the Service without our written permission. While we may use terms like "buy", "purchase," or "sell" in reference to Credits, we do so only for convenience and such terms in no way indicate that Credits have monetary value or are real currency. You acknowledge that Credits are not real currency and are not redeemable for any sum of money from us at any time. We make no guarantee as to the nature, quality, or value of the features of the Service or any third-party goods or services that will be accessible through the use of Credits, or the availability or supply of Credits.
i. License. Credits obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-exclusive, non-sublicenseable license to use within the Service. Credits may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right, or title in or to any such Credits appearing or originating in the Service, or any other attributes associated with use of the Service.
ii. Account Inactivity and Termination of Account. In the event that your account has not been active or you have not otherwise accessed the Service for 3 months, your account may be terminated and all Credits may be forfeited at our sole discretion. Additionally, if your account or access to the Service is terminated due to reasons other than inactivity (e.g., a breach of this Agreement), or if we discontinue availability of some or all of the Service, then all of your credits may be forfeited, unless otherwise is expressly provided in our Refund Policy.
iii. Limitation of Liability with Respect to Credits. We have no liability for hacking or loss of your Credits or any goods or services obtained with Credits. We have no obligation to, and will not, reimburse you for any Credits or any goods or services obtained via Credits that are lost due to your breach of this Agreement. We reserve the right, without prior notification, to limit the quantity of Credits and/or to refuse to provide you with any Credits. Price, exchangeability, and availability of Credits are determined by us in our sole discretion and are subject to change without notice. Subject to applicable law, you agree that we have the absolute right to manage, distribute, regulate, control, modify, cancel, restrict, terminate and/or eliminate Credits in our sole discretion, and that we will have no liability for exercising such right. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Credits regardless of the circumstances. You absolve us of any responsibility to maintain or update your account balance. However, if there is a loss of Credits in your account due to technical or operational problems with the Service, we will replenish the lost Credits once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to replenish the Credits lost (i.e., we will not provide you with any real currency).
iv. Redemption. You may redeem Credits as set forth on the Service. We will, in our sole discretion, determine and communicate the availability and exchange rate for any Credits, which may be modified at any time. All redemptions are subject to this Agreement and all limitations and requirements posted on the Service. All acquisitions and redemptions of Credits are final. Once Credits have been spent, they will be subtracted from your account. Please also refer to Section 20 (Refunds) below.
v. Continuous service-Automatic Top-Up When Account Balance Low. We may allow you to agree to a plan or arrangement in which a subscription or purchasing agreement continues until you cancel it. For example, the Service may provide you with opportunities to authorize us to charge your credit card or other payment method for a certain number of Credits every time the number of Credits in your account falls below a certain amount, until you cancel this arrangement via the Service.
d. Cancellation As a Result of Death or Disability. If, by reason of death or disability, you are unable to receive the Service for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for Services other than those received before death or the onset of disability, except as provided in subsection (iii) below.
i. In such case, if you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
ii. "Disability" means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to us.
iii. If the physician determines that the duration of the disability will be less than six (6) months, we may extend the term of the Service contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
4. TERM AND TERMINATION.
This Agreement will take full force and effect when you access the Service and will remain in effect while you use the Service. You may terminate your membership (subject to Section 3 above) at any time, for any reason, by contacting our Support Team online at support@Top-Brides.com. We may suspend or terminate your use of our Services and/or membership at any time, at our sole discretion without cause and without notice. Please see Section 20 (Refunds) below for information about refunds in such case. We are not required, and may be prohibited by law or otherwise from, disclosing the reason(s) for the termination of your account. After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination including, but not limited to, Sections 7-9, 16-19, and 22-31. We reserve the right to take further action for our loss or the potential loss of other Members or third parties when necessary due to your breach of this Agreement, in our sole discretion.
5. NON-COMMERCIAL USE.
The Services are for personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Service for any purpose.
6. ACCOUNT SECURITY.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We shall not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for complying with any and all rules and restrictions governing the use of any public or shared computer, and we shall not be liable for any violations by you of such rules and restrictions. Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Service may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted or otherwise protected or secured. We shall not be liable for any loss or damage arising from unauthorized use of your credentials. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity.
7. YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS.
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ALL MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE ABILITY TO SECURE ANY VISAS OR OTHER INTERNATIONAL TRAVEL DOCUMENTATION FOR ANY USERS OR MEMBERS. WE RESERVE 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, AND YOU CONSENT TO SUCH SEARCHES AND OTHER SCREENINGS.
b. Use caution and common sense when using the Service, especially when providing personal information to other Users or Members. The Service is an internet information service that facilitates contact between persons who may or may not be seeking friendship or a relationship. Top-Brides makes no, and expressly disclaims all, representations or warranties as to the conduct of Users or Members. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Users or other Members. You assume all risk associated with dealing with any and all Users, Members, or other third parties, including without limitation the risk that information about a certain User or Member posted on the Service or information provided by a User or Member in the course of interactions with other Users or Members via the Service may be false or misleading.You agree to resolve disputes directly with the other party. You release Top-Brides of all claims, demands, and damages in disputes among Users and Members of the Service or other third parties. You also agree not to involve us in such disputes.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOP-BRIDES OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY 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 SERVICE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOST PROFITS, TRADE SECRET MISAPPROPRIATION, INTELLECTUAL PROPERTY INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR MEMBERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS AND MEMBERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN INTERACTING WITH ANY OTHER USER OR MEMBER IN CONNECTION WITH USING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER OR MEMBER OR SENDING MONEY TO ANY USER OR MEMBER. ALL USERS AND MEMBERS OF THE SERVICE HEREBY EXPRESSLY AGREE NOT TO SUE OR HOLD LIABLE THE RELEASED PARTIES FOR ANY INSTRUCTION, ADVICE, OR SERVICES THAT ORIGINATED THROUGH THE SERVICE, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR ARE RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE, AND/OR THE INTERACTION(S) BETWEEN ANY USERS OR MEMBERS OF THE SERVICE, WHETHER ARISING UNDER CONTRACT, TORT OR OTHERWISE. IN ADDITION, YOU AGREE TO REVIEW TOP-BRIDES" SAFETY TIPS PRIOR TO USING THE SERVICE WHICH ARE AVAILABLE AT http://Top-Brides.com/safety-tips. YOU UNDERSTAND THAT TOP-BRIDES 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) TO OTHER USERS OR MEMBERS AND WE DISCLAIM ALL LIABILITY ASSOCIATED WITH THE FOREGOING.
c. We make no representations or warranties that you will experience specific results from the use of the Service.
d. The Service may ask you to rate other Users' and/or Members’ photos or ask other Users and/or Members to rate your photo. The Service may also send you a notification of other Users and/or Members visiting your profile (via email or on the Website) if a User or Member rates your photo or visits your profile on the Service. You understand and agree that Top-Brides has no control over any User or Member’s rating of your photo, or of your rating of the photos of other Users or Members, and that Top-Brides shall not be liable for any damage or harm arising out of or relating to same;
e. The Service may automatically translate your name or your city to other languages for other Users or Members located in foreign countries to view and/or to interact with you.
f. We may allow our Validated Members (as defined in Section 12 (Suppliers. Validated Members) below) to choose to send the same message (an "Icebreaker") to a number of other Members, who are selected by an automatic algorithm in order to allocate the attention and activity among Members of our Service. You may receive Icebreakers from the same Validated Member more than once. Icebreakers may be sent through the same channels as ordinary messages, including as a chat message and as a letter.
This may work as follows:
(i) the Validated Member drafts the text of an Icebreaker and chooses to send it via our mass-messaging service;
(ii) the Validated Member does not select the recipients of the Icebreaker; and
(iii) within a certain period thereafter (up to 24 hours), the Icebreaker is delivered to Members selected by the automatic algorithm.
In order to reduce the chance that Icebreakers are used for spam, commercial, or other improper purposes, we do not allow Members other than Validated Members to send Icebreakers.
We reserve the right to monitor the content of Icebreakers (as well as of any other communication via our Service) and to remove them, or prevent them from being sent, with or without cause. However, we assume no obligation to do so.
If you are unsure whether a certain message is an Icebreaker and wish to find out, please contact us.
8. CONTENT ON OUR WEBSITE
a. Proprietary Rights. Subject to your continued strict compliance with all Terms, Top-Brides provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Service. Notwithstanding the foregoing, you acknowledge and agree that Top-Brides owns, licenses, or otherwise retains all proprietary rights in the Service and all intellectual property thereon and therein. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the sole and exclusive right to apply for the protection of the same on behalf of Top-Brides and its licensors. The Service contains the copyrighted material, trademarks, and other proprietary information of Top-Brides 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.
b. Reliance on Content, Advice, and Other Statements. Opinions, advice, statements, offers, or other information or content made available through the Service by any User, Member, or third party are not those of Top-Brides and should not be relied upon as accurate, complete, or reliable. Such Users, Members, or third parties are solely responsible for such content, including its accuracy, completeness, or reliability. Top-Brides does not: (i) guarantee the accuracy, completeness, or reliability of any information on the Service provided by any User, Member, or third party, or (ii) adopt, endorse, or accept responsibility for the accuracy, completeness, or reliability of any opinion, advice, or statement made by any User, Member, or third party that appears on the Service. To the fullest extent permitted by law, under no circumstances will Top-Brides or its officers, directors, employees, or affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Service or transmitted to or by any User, Member, or third party.
9. CONTENT POSTED BY YOU ON THE WEBSITE.
a. You are solely responsible for the information, communications and content that you publish or display (hereinafter, "post") on the Service, or transmit to other Users or Members ("User Content"). You will not post on the Service, or transmit to other Users or Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Top-Brides or to any other User or Member. If information provided to Top-Brides, or another User or Member, subsequently becomes inaccurate, misleading, or false, you will promptly notify Top-Brides of such change and you will take all reasonably necessary measures to correct the information.
b. You understand and agree that we reserve the right, but have no obligation, to have access to and monitor any and all User Content. We have the right, but have no obligation, to remove any User Content.
d. You hereby release, discharge and agree to hold Top-Brides harmless from any causes of action in law or equity you may have or may hereafter acquire against Top-Brides or any of its affiliates for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by Top-Brides or its affiliates of your User Content.
e. Top-Brides may remove any User Content for any reason. The following is a list of examples of User Content that is illegal or prohibited on the Service ; User Content that: (i) is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, harasses or advocates harassment of another person; (ii) promotes information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (iii) 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; (iv) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (v) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (vi) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (vii) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and/or (viii) has features of pornographic or adult content, including, but not limited, content that represents a sexual act, naked genitals or other graphic material.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including, without limitation, removing the offending communication from the Service and terminating the access and membership of such violators.
f. You represent and warrant that your use of the Service, including but not limited to your User Content, must be in accordance with any and all applicable laws and regulations.
g. You represent and warrant that you will not include in your Member profile any telephone numbers, street addresses, email addresses, other personal contact information, your last name or any URLs.
h. You represent and warrant that you will not publish false or inaccurate information in your Member profile. You may not create duplicate profiles. Top-Brides reserves the right to terminate the membership and deactivate the profile of any Member violating this provision (without prejudice to the generality of other provisions of this Agreement).
i. You represent and warrant that you will not engage in advertising to, or solicitation of, other Members or Users. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members or Users. Although Top-Brides cannot monitor the conduct of its Members while not on the Service, 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 or User without their prior explicit consent. In order to protect our Members or Users from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member or User may send to other Members or Users in any 24-hour period to a number which we deem appropriate in our sole discretion.
j. To ensure the quality of the Services, your phone call or live chat through the Service may be recorded.
k. You represent and warrant that: (i) all information you include in your Member profile is accurate, current, and complete; (ii) you will be honest in your communication and interactions with other members; (iii) you will not conceal from those with whom you correspond any information regarding infectious or incurable diseases, physical or psychological handicap, disabilities, or disorders you may have or may believe that you have, or any other adverse elements that may be deemed by a reasonable person to be unsuitable for relationships.
l. When using particular services on the Service, you shall be subject to any posted policies or procedural rules applicable to such Services, which may be posted and modified from time to time. All such policies or procedural rules are hereby incorporated into this Agreement.
10. PROHIBITED ACTIVITIES.
Top-Brides reserves the sole and exclusive right to investigate and terminate your membership if you have misused the Service, or acted in a way which could be regarded as inappropriate, unlawful, or illegal (without prejudice to the generality of other provisions of this Agreement). You represent and warrant that you will not act in any inappropriate, unlawful, or illegal manner with respect to, or while using, the Service, including, but not limited to the following representations and warranties:
a. You shall not "stalk" or otherwise harass any person;
b. You shall not 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 Service or its contents;
c. You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
d. You shall not remove any copyright, trademark, or other proprietary rights notices contained in the Service;
e. You shall not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website;
f. You shall not post, 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;
g. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
h. You shall not make illegal and/or unauthorized uses of the Services, including, but not limited to, collecting usernames and/or email addresses of other Members or Users posted on the Service by any means for the purpose of sending unsolicited emails and/or unauthorized framing of, or linking to, the Service;
i. You shall not "frame" or "mirror" any part of the Service or the Website, without Top-Brides prior written authorization. You also shall not use meta-tags or code or other devices containing any reference to Top-Brides or the Service or the Website in order to direct any person to any other web site for any purpose;
j. You shall not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so;
k. You shall not post any pornographic materials;
l. You shall not attempt to interfere with, harm, steal from, or gain unauthorized access to the Service, User accounts, or the technology and equipment supporting the Service;
m. You shall not post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
n. You shall not disclose personal information about another person or harass, abuse, or post objectionable material;
o. You shall not post advertising or marketing links or content, except as specifically allowed by this Agreement;
p. You shall not use the Service in an unlawful or illegal way or commit an illegal act in relation to the Service including, without limitation, all laws associated with international money transfers;
q. You shall not access the Service from a jurisdiction where it is illegal or unauthorized;
r. You shall not collect usernames and/or email addresses of Members or Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service;
s. You shall not create any databases, websites, software, legal entities, and/or services that compete with the Website;
t. You shall not access or use (or attempt to access or use) the Service in any way that violates this Agreement.
We reserve the right to take appropriate legal action against you in the event that you breach any of the foregoing representations and warranties including, without limitation, seeking civil, criminal, and injunctive redress.
11. CUSTOMER SERVICE.
a. Top-Brides provides assistance and guidance through its customer care representatives. We may, from time to time, create profiles which are created, maintained, and managed by our employees ("Staff Profiles"). The purpose of these Staff Profiles is to enable us to ensure our Services are operating properly by testing the Services, features, and functionalities, and to research our products and Services. All Staff Profiles will be identifiable as such and, in the event that you opt to communicate or interact with a Staff Profile, you will be made aware of the nature of this Staff Profile.
c. By providing your phone number, you consent to receive autodialed or prerecorded calls from us at the phone number that you have provided to us, including any mobile telephone number and/or a number listed on any do-not-call list, to: (a) facilitate conversations between you and other Users and/or Members; or (b) otherwise provide our Services or enforce these Terms. You are not required to provide your consent to these calls as a condition of purchase on the Service. Standard telephone minute charges may apply. We may, without further notice or warning, and in our sole discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights, and you expressly consent to such monitoring.
d. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time not in compliance with the previous sentence, we reserve the right to immediately terminate your membership (without prejudice to the generality of other provisions of this Agreement).
12. SUPPLIERS, VALIDATED MEMBERS.
a. To provide the Service, we purchase services from various local service providers (collectively, "Suppliers"). Among other services provided, Suppliers:
i. act as "introducers", that is, refer female members to us for registration on the Service ("Validated Members");
ii. provide all of the information and materials on the Validated Members that is displayed on the Service (including name, other personal details, photographs, videos etc.) as well as a copy of the Validated Members’ identification document; and
iii. purchase and deliver flowers and other goods ordered by other members via the Website as gifts to the Suppliers’ Validated Members;
iv. collect the Validated Members’ paperwork, including the consent to the exchange of contract details with other members.
The Suppliers are independent contractors and are not our agents or employees. We are not responsible for the quality of Suppliers’ services, the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants, or representatives including, without limitation, their failure to deliver services, or partial or inadequate delivery of services.
b. If you would like to learn whether a certain Member is a Validated Member, please contact us via the Service or at support@Top-Brides.com.
Currently we do not allow you to request the delivery of gifts to, personal contact details of, or personal meeting with, any members other than Validated Members. Validated Members may have access to additional features of the Service. We may require Validated Members to agree to terms of using the Service that may be different from, or additional to, the terms set forth in this Agreement.
13. PERSONAL MEETINGS
PLEASE USE CAUTION AT ALL TIMES WITH RESPECT TO YOUR ARRANGEMENTS FOR YOUR PERSONAL MEETINGS, AS THESE ARE ENTIRELY AT YOUR OWN RISK.
a. We may allow you the opportunity to make a request through our Service for a personal meeting with a Validated Member. We may charge you for this service at the price (which may be a price in Credits) shown to you. In this case, the scope of services provided by us (in each case either directly or through our Supplier) in respect of the personal meeting request is as follows:
i. we collect your request for the meeting with a specified Validated Member, which may include your preferences as to the time of the meeting;
ii. we request the Validated Members’ consent to the personal meeting with you;
iii. we process the paperwork relating to such consent; and
iv. we let you know of the results via the Service. If the Validated Member agrees to the meeting, we may also provide you with:
A) the contact details of the Validated Member, the Validated Member’s representative, an employee of the relevant Supplier, or another person not associated with us that may assist in further arrangements for the personal meeting (the "Contact Person"); and/or
B) further information about the meeting, such as the planned time and place.
All such contact details and information is provided to you as received by us from the Validated Member or the Supplier, without any warranty, verification or checks from us.
b. Except as expressly listed in (a) above, we do not provide any other services in connection with your personal meeting, and do not take part in any arrangements relating to it. All such arrangements, including without limitation (and where applicable) any travel, entry clearance, relations with authorities, accommodation, and personal health and safety, are entirely your responsibility, and are not part of the Service. Please take care when making such arrangements as they may carry risks.
c. If you choose to contact and/or enter into any arrangements with our Supplier, the Supplier’s employees, agents, servants or representatives, the Contact Person (as defined in (a) above), any person referred to you by any of them, and/or any other third party (each of them, a "Third Party") -- for example, if you choose to purchase any of their services relating to any personal meeting -- you do so entirely at your own risk, and we assume no responsibility for the conduct (including any criminal conduct) of the Third Parties.
Without limiting the generality of the other provisions of the Agreement, we make no representations or warranties regarding any Third Parties, and in particular we do not make any recommendations for you to purchase the services of any Third Parties.
d. You understand that we do not undertake to: (i) carry out criminal or other background checks on any Third Parties; or (ii) to require our Suppliers to do so.
14. THIRD-PARTY LINKS AND WEBSITES
Top-Brides may provide you with access to third-party links and websites over which we neither monitor nor have any control nor input.
You acknowledge and agree that Top-Brides provides access to such third-party links and access to third-party websites "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party links or websites.
Any use by you of third-party links or websites offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the third-party links and websites are provided by the relevant third-party provider(s).
15. MODIFICATIONS TO SERVICE.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
16. BLOCKING OF IP ADDRESSES.
In order to protect the integrity of the Service, Top-Brides reserves the right, at any time in its sole discretion, to block Members from certain IP addresses from accessing the Website.
17. COPYRIGHT POLICY.
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.
a. Overview and Repeat Infringer Policy. Top-Brides respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask you to do the same. Infringing activity will not be tolerated on or through the Service. Our intellectual property policy is to (i) remove or disable access to material that we believe, in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available on or through the Service; and (ii) remove any User Content uploaded to the Service by "repeat infringers." Top-Brides considers a "repeat infringer" to be any User or Member that has uploaded User Content to or through the Service and about whom Top-Brides has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 (or other equivalent notices under applicable law) with respect to such User Content. Top-Brides has discretion, however, to terminate the account of any User or Member after receipt of a single notification of claimed infringement or otherwise upon Top-Brides’s sole and exclusive determination (without prejudice to the generality of other provisions of this Agreement).
b. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" containing the following information to the designated agent identified below. Top-Brides may share your Notification of Claimed Infringement with the User or Member alleged to have infringed a right you own or control, and you consent to Top-Brides making such disclosure. Your communication must include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the material(s) that has/have been allegedly infringed;
2. Identification of the material allegedly being infringed, or, if multiple materials are covered by a single notification, then a representative list of such works;
3. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Top-Brides to locate the material on the Service;
4. Information reasonably sufficient to permit Top-Brides to contact you, such as your name, address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
6. Under penalty of perjury, a statement that the information in the Notification of Claimed Infringement is accurate and truthful, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or review 17 U.S.C. § 512 or other applicable law regarding copyright or other intellectual property infringement to confirm your obligations to provide a valid notice of claimed infringement.
c. Designated Agent Contact Information. Top-Brides" designated agent for receipt of Notifications of Claimed Infringement can be contacted at:
Via E-mail: support@Top-Brides.com
d. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Top-Brides] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
Top-Brides reserves the right to seek damages from any party that submits a false notification in violation of the law.
18. MEMBER DISPUTES.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between you and Users or Members. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Top-Brides of all claims, demands, and damages in disputes among Users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. Top-Brides makes no representations or warranties as to the conduct of Users.
If we cancel or suspend your use of the Services without cause (as determined by us in our sole discretion), we will provide you with a refund for any pre-paid, but unused Credits.
Except as stated in the previous sentence or elsewhere in the Agreement (including the Refund Policy), fees paid, Credits purchased and Credits spent are not refundable, but we may make refunds at our sole discretion. The principles guiding our discretion are stated in our Refund Policy on this Website. Without limiting the generality of the other provisions of this Agreement, we reserve the right to change the Refund Policy at any time, and changes are effective upon posting on this Service or giving you notice of the change.
If you would like to request a refund, please contact us at support@Top-Brides.com.
21. ADDITIONAL PROVISIONS APPLICABLE IN CERTAIN STATES
The following provisions are applicable for members residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, and Wisconsin.
You, the buyer, may cancel the terms and conditions of this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, please mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect.
This notice shall be sent to e-mail to us at support@Top-Brides.com.
Please include your username and email address in any correspondence. Provided you cancel the Agreement in accordance with the abovementioned procedure, we will return, within ten days of the date on which you give notice of cancellation, any payments you have made.
22. ADDITIONAL DISCLAIMERS OF WARRANTIES.
a. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE RELEASED PARTIES (AS DEFINED ABOVE IN SECTION 7(b)), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS WELL AS ANY AND ALL WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE. THE RELEASED PARTIES MAKE NO, AND EXPRESSLY DISCLAIM ANY WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL. WE CANNOT GUARANTEE AND DO NO PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE. Without limiting the generality of any other provisions, you agree to take the risks of interruption of the Service for any technical reasons.
b. In addition to the preceding paragraph and other provisions of this Agreement, any statement that may be posted on the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Top-Brides makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
c. All the information provided on the Service is subject to change at our sole discretion without notice.
23. LIMITATION OF LIABILITY.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Top-Brides HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE, ATTEMPTED USE, OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (E) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.
IF, NOT WITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, Top-Brides IS FOUND LIABLE UNDER ANY THEORY, Top-Brides’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID TO Top-Brides OR USD $100. This limitation of liability shall apply for all CLAIMS, regardless of whether Top-Brides WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
24. INDEMNITY BY YOU.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Top-Brides and all of its subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorney's fees and costs, made by any third party resulting from or in any way connected with or related to your use of the Service in violation of this Agreement and/or your breach of this Agreement and/or any of your representations and warranties set forth above. Top-Brides reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with, and fully indemnify, Top-Brides in connection therewith.
25. NO THIRD PARTY BENEFICIARIES.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
26. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
i. Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a "Notice"), or, in the absence of a mailing address provided by you to Top-Brides, via any other method available to Top-Brides, including via e-mail. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the "Demand"). If you and Top-Brides do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Top-Brides may commence an arbitration proceeding as set forth below or file an individual claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS AGREEMENT. If you commence arbitration against Top-Brides, you are required to provide a second Notice to Top-Brides at the Arbitration Notice Address within seven (7) days of such commencement. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against Top-Brides, then Top-Brides will promptly reimburse you for your confirmed payment of the filing fee upon Top-Brides’ receipt of the second Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
ii. Arbitration Proceeding. The arbitration shall be conducted exclusively in English. A single, independent and impartial arbitrator with his or her primary place of business in Alexandria, Virginia will be appointed pursuant to the Rules, as modified herein. You and Top-Brides agree to comply with the following rules, which are intended to streamline the arbitration process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
iii. No Class, Representative or Consolidated Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND TOP-BRIDES AGREE THAT YOU AND TOP-BRIDES MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
Barring extraordinary circumstances, the arbitrator will issue his or her final, confidential decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days upon a showing of good cause and in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the Commonwealth of Virginia without regard to its conflicts of laws principles in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act ("FAA") will govern the interpretation, enforcement, and proceedings pursuant to this Section 26 in this Agreement. Any award rendered shall be final, subject to appeal under the FAA.
b. Equitable Relief. The foregoing provisions of this Section 26 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, patents, or other intellectual property. For the avoidance of doubt, you acknowledge that, in the event Top-Brides or a third party breaches this Agreement, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Top-Brides, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
d. Improperly Filed Claims. All claims you bring against Top-Brides must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, Top-Brides may recover attorneys’ fees and reimbursement of its costs, provided that Top-Brides has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.
e. Modifications. In the event that Top-Brides makes any material change to this Arbitration provision (other than a change to Top-Brides’ Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Top-Brides’ Arbitration Notice Address, in which case your account with Top-Brides and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.
f. Enforceability. If only the "No Class Actions" paragraph above or the entirety of this Section 22 is found to be unenforceable, then the entirety of this Section 26 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 27 will govern any action arising out of or related to this Agreement.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU USE, OR ATTEMPT TO USE, THE SERVICE ON OR THROUGH THIS WEBSITE FOR THE FIRST TIME (WHICHEVER COMES FIRST) BY WRITING TO support@Top-Brides.com. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING enough DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN 30 DAYS. If more than thirty (30) days have passed, you are not eligible to opt out of THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
27. GOVERNING LAW
The laws of the Commonwealth of Virginia, excluding its conflicts of law principles, govern this Agreement and your use of the Service. 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 in the City of Alexandria, Virginia, and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or inconvenient forum.
28. ENTIRE AGREEMENT
This Agreement and all other provisions referenced herein contains the entire agreement between you and Top-Brides regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
29. ELECTRONIC SIGNATURE
All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with Top-Brides electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "I ACCEPT", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
30. NO WAIVER
The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Top-Brides as a result of this Agreement or use of the Service.
31. FORCE MAJEURE
Top-Brides shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Top-Brides’ performance.
Please Contact Us with any questions regarding this Agreement.