TERMS AND CONDITIONS OF USE
Article 1. Applicability
These conditions of use shall apply to any conditions of use of the website TendrDate.com. Jada Entertainment reserves the right to modify the present conditions of use at any time. The conditions as they exist at the time of use, shall always apply. Jada Entertainment recommends its users to regularly consult the present conditions of use ..
Article 2. Definitions
In these conditions of use are understood to mean:
collection of data related to a particular user, which data can be accessed and modified through the Jada Entertainment website, after providing corresponding credentials;
the natural person who uses the website and which must at least have reached the age of 18 years;
all messages, data, information, personal data, text, music, sound, photographs, video or other (digital) material;
any use of the website, including, but not limited to, loading (uploading), saving (downloading), logging in, retrieving, consulting, reading, viewing, listening, editing, completing (forms), sending, copying (temporarily) , saving, transmitting, distributing, using services, follow links to other websites and performing legal acts (such as buying or renting);
further to be regarded as the operator, owner and administrator of this website
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the Jada Entertainment website, to be reached via TendrDate.com.
- The account is personal, not transferable and may only be used by the user. credentials, given or received by the user are strictly confidential and may not be shared with or be given in use to third parties.
- The user represents and warrants that the information and data that the user places on the website will be accurate, complete and up-to-date. Furthermore, the user declares to have permission from the owner of the relevant (mobile) phone jack, who is the account holder, with which the services of Jada Entertainment are being used.
- The user is responsible for the content that he or she posts on the website. The user assumes all risks associated with the use of his or her content by third parties, including any reliance on the accuracy, completeness or usefulness thereof, as well as the disclosure by the user of content that allows the user to be personally identifiable.
- The user declares to be the owner or to have the necessary permissions or authorizations to place the content on the website and to use the content, as described in these conditions of use as well as the granting of rights thereto.
- The user understands and acknowledges that user, when using the website and the products and services offered, may be exposed to information and data that may factually be inaccurate, offensive, indecent or otherwise objectionable to the user. The user waives all rights and / or (legal) remedies available to the user (if any) relating to the aforementioned information and data towards Jada Entertainment.
- The user is explicitly - but not exclusively - forbidden:
- to offer goods or services on the website, which are prohibited by law, or of which the provision is punishable;
- to use the website in such a way that there is an infringement of third party rights;
- to use the website for spreading computer viruses or material with a defamatory, obscene or threatening (menacing) character;
- to use the website for dissemination of material for promotional or publicity purposes (SPAM) without previously having obtained the prior written consent of Jada Entertainment, unless the recipient has expressly requested the transmission thereof;
- to unlawfully use the website or the information provided thereon and / or the displayed content;
- to make such use of the website that the website is thereby damaged, distorted, interrupted, halted, overloaded or otherwise made less efficient.
- to distribute a portion or portions of the website without the prior written consent of Jada Entertainment, in any medium, including, but not limited to the content published on the website;
- to alter or modify any part of the website and / or the associated systems, programs, services and / or technology;
- to (attempt to) circumvent, disable or otherwise interfere with security related features of the website;
- to use the site or its contained systems, programs, services and / or technology for the benefit of business applications, without the prior written consent of Jada Entertainment This prohibition includes, among others:
- (re) selling access to the website and / or the services of Jada Entertainment on another website, especially for the purpose of gaining advertising and / or (subscription) revenues; and / or
- to further distribute the services offered by Jada Entertainment, with a view, inter alia, to generating income through business activities which are substantially similar or comparable to the business activities, carried on by Jada Entertainment;
- to collect or harvest (part of) the content of the website or (personal) information regarding the visitors of the website, whether or not by use of an automated system.
Article 4. Dating via the website
- The user can create a profile on the website. After the profile has been created on the website by the user, all other users of the website can view the profile and seek contact with the user.
- Users can send each other messages against payment. To this end, the user must purchase credits. After the user has made a choice for a package of credits, these can be settled through a payment system designed for this purpose on the website, throughamong others iDeal, PayPal en credit card upon which the credits are added to the account of the user.
- The amount of the fee payable per message is always clearly communicated in advance on the website by Jada Entertainment.
- Jada Entertainment is in no way party to any date between users, whether or not agreed through the website. Jada Entertainment matches supply and demand and acts thereby only as technical Internet platform (intermediary).
- Jada Entertainment does not guarantee that by the use of its website, such as creating a profile, searching for contacts with other users, sending messages to other users, any date will actually be established between users via Jada Entertainment website. Nor does Jada Entertainment guarantee that any date will lead to some (love) relationship or sexual contact.
- Jada Entertainment expressly reserves the right to create profiles on the website and to send messages to the user on behalf of these profiles. The user understands and accepts that these profiles are only created to exchange messages, meetings in person are not possible with such profiles.
- Payments, once made, will not be refunded to the user, unless Jada Entertainment will be liable to do so under any statutory provision.
Article 5. Modifications and Maintenance
- Jada Entertainment is allowed to modify the website and its services at any time and at its own discretion and insofar Jada Entertainment deems this necessary. Jada Entertainment does not require the prior consent of the user to do so.
- Furthermore, Jada Entertainment is free to remove, to close or to make otherwise inaccessible the website or any part thereof.
- Jada Entertainment is entitled, in whole or in part, to temporarily decommission its website and the underlying systems, for maintenance or fault repair, without thereby being bound to any compensation or restitution towards the user. Jada Entertainment is not obliged to inform the user in advance about the decommissioning of (part of) the website.
Article 6. Intellectual property
- The content on the website is copyrighted and without the prior written consent of Jada Entertainment (with the exception of content, required to view the website), may not be stored, modified, published, distributed or sent, sold or otherwise transferred or granted any rights thereto).
- By placing content on the website, the user provides Jada Entertainment with the nonexclusive, perpetual, transferable, irrevocable right and the right to sub-license, without any royalties or other compensation in return, to use, reproduce, adapt, translate, distribute, publish the content, and to create derivative works and to publish the content in all known and future media, to multiply or to use it for promotional purposes.
- Furthermore, the user entitles Jada Entertainment, as licensee of his or her content, in their own right, to take legal action against third parties who infringe the rights to the content and against third parties who act unlawfully towards the content and to claim in such legal proceedings in its own name and in its own title, a ban, damages and / or surrender of profits.
- Thereby the user grants Jada Entertainment proxy, if and in so far Jada Entertainment cannot act independently against the infringements / illegal acts, reported in the previous sentence, to take legal action against third parties who infringe the rights of the user, in respect of the content and against third parties, who act unlawfully towards the user in relation to the content.
Article 7. Liability
- Jada Entertainment aims at the proper functioning of its website and the underlying systems, and thereby strives for maximum availability and accessibility. Jada Entertainment, however, does not guarantee that its website or the underlying systems always operate trouble-free and continuously. In this connection, Jada Entertainment indicates that in this she is dependent on third parties. Jada Entertainment is thus not liable in case external causes hinder the functioning of its website or the underlying systems, neither is Jada Entertainment liable, in that case, to any refund or compensation.
- Jada Entertainment will take all reasonably necessary (precautionary) measures to ensure, as much as possible, the safety of its website and the underlying systems. This includes the secure storage of (personal) data. The user remains responsible for the (security) information, which it sends via the Internet. Because of this, Jada Entertainment (regardless of who is responsible for this) is therefore not liable for damage and / or loss which is the result of a breach of - or breach of security or security of the Jada Entertainment website, the underlying systems or (personal) data, stored by Jada Entertainment. This is different only if such damage or loss is the direct result of a serious error of Jada Entertainment or its employees. The user indemnifies Jada Entertainment for any claim, which is or may be the result of a violation or infringement of the safety or security of the Jada Entertainment website, the underlying systems or (personal) data, stored by Jada Entertainment.
- Jada Entertainment cannot guarantee that:
- its website meets all of the requirements of the user;
- its website is always trouble-free, secure and error-free;
- possible errors in software or program code (could) be corrected.
- In the communications between users or between users and Jada Entertainment, Jada Entertainment is in no way responsible for misunderstandings, delays or non-arrival of messages or unclear communications caused by the use of the website of Jada Entertainment .
- Jada Entertainment will in no event be liable for any damage, direct or indirect, caused in any way by or arising from:
- the use of the website of Jada Entertainment;
- Software errors in the Jada Entertainment website;
- inaccessibility to the Jada Entertainment website, of technical nature, wrongly provided URL or a non-working e-mail address of the user:
- maintenance and emergencies;
- inaccurate, incomplete or outdated content of the website, including profiles;
- the possible impact of acting on the basis of the content posted on the website;
- unauthorized access to or unauthorized use by third parties of the website or the systems of Jada Entertainment ;
- the unexpected loss of information or data of the user;
- consequential damages, personal injury, lost profits, lost savings and damage due to business interruption.
Article 8. Exclusion of the use and removal of contents
- Jada Entertainment authorizes the user to access to the website and services of Jada Entertainment, and to use them in accordance with the present conditions. Jada Entertainment reserves the right to refuse the user (further) access to the site and his or her account and to cancel the account of the user and to remove the content, posted by the user from the website and from the systems withoutJada Entertainment thus being liable to pay any compensation to the user, if:
- the content, posted by the user on the website, is incorrect, incomplete, outdated, misleading, discriminatory, offensive, abusive or in breach of laws and / or regulations;
- there is a serious suspicion that the user is involved in fraudulent acts and / or there is fraudulent use or abuse of the website or the underlying systems;
- other pressing and valid reasons necessitate Jada Entertainment thereto.
- Jada Entertainment at all times reserves the right to modify or remove the content of the user from the website, at its own discretion, if this content, in the opinion of Jada Entertainment, is contrary to the content of these conditions of use, or applicable laws and / or regulations, without thereby being liable to pay any compensation to the user.
- Any damage suffered by Jada Entertainment as a result of non-compliance of these conditions by the user, will be fully recovered from the user by Jada Entertainment.
- After canceling the account, Jada Entertainment is not obliged to remove from its systems, or keep stored any longer, the data of the user or the content posted by the user.
Article 9. Canceling the account
- The user can at all times cancel his account and remove it from the website by canceling his account through the online uninstall option.
- When the user cancels his account, all stored account information of the user is removed from the Jada Entertainment database.
- There will be no refund of credits unused and existing at the time of termination of the account of the user.
Article 10. Transfer of content and personal data
- Article 10. Transfer of content and personal data
- Jada Entertainment manages multiple dating websites and works with other similar dating websites. Jada Entertainment is entitled to show the profile of the user on similar dating websites of Jada Entertainment, or to those with which Jada Entertainment cooperates.
Article 11. Links to other websites
The website of Jada Entertainment may contain links to third party websites. Jada Entertainment is in no way responsible for the content of the websites referred to. Placing links by Jada Entertainment, is in no way an implicit approval of the content of these websites or web pages.
Article 12. Indemnity
The user indemnifies Jada Entertainment for any third party claims, including claims made by third parties (including in any case, users and other visitors), who suffer damages in connection with the use of the website and of which the cause is attributable to the user. If Jada Entertainment for this reason should be addressed by third parties, the user is obliged to assist Jada Entertainment, both in and out of court, and to do without delay, everything that may be expected of him in that case. If the user remains in default with regard to taking adequate measures, Jada Entertainment, without notice, is entitled to proceed thereto itself. All resulting costs and damages for Jada Entertainment and others, are completely for the account and risk of the user.
Artikel 13. Complaints
- Complaints about the operation of the website or content contained therein, can be made known in writing to Jada Entertainment, via the complaint form, made available online on the website.
- Complaints must be reported to Jada Entertainment, no later than within 30 days after the onset of the complaint.
- Jada Entertainment strives to answer any complaints no later than within 5 days and to deal with them satisfactorily within 30 days.
- Complaints which are not submitted in the manner mentioned in this article and within the period prescribed therein, will not be considered by Jada Entertainment