Terms of Use Agreement
1.1 Acceptance of Terms and Conditions
The use of AllBeautiful.net website and any other websites connected with AllBeautiful.net website is conditional upon your acceptance of these terms and conditions. You will be deemed to have accepted these Terms of Use Agreement by using this website, regardless of whether or not you register as a member. If you do not agree to these terms and conditions you must not use this website. You can register as a member, communicate with other Members and fully use AllBeautiful Services (the “Service”). For purposes of this Agreement, AllBeautiful.Net and AllBeautiful refer to one and same entity and may be used interchangeably.
1.2 User Agreement
These Terms and Conditions constitute the agreement between you and AllBeautiful in respect of your use of the Service and the Website (the "Agreement").
This Agreement sets out the legally binding terms of your use of the AllBeautiful website (“Website”) and your membership in the Service, and may be modified by AllBeautiful from time to time. Such modifications are to be effective upon posting on the Website.
- Eligibility. You must be over 18 years of age to register as a member of the Service or to use the Website. Membership in the Service is void where prohibited. By using the Web site, 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.
- Membership. You may become a member of the Service free of charge. Free membership will only entitle you to participate in some of the features available as part of the Service. In order to access additional features, you must become a paying subscriber to the Service. Accordingly, your use of those additional features is conditional upon the payment of the relevant fees.
- Service fees. Service fees are located at the "Advanced Membership" page and other pages related to the Service. These fees are subject to change, which changes will be posted on the page of the Website previously described. You acknowledge that there may be discrepancies in relation to subscription fees between jurisdictions, which discrepancies are reflective of costs applicable to a particular jurisdiction and other commercial conditions relevant to that jurisdiction.
- Payment. While certain Services are available free of charge, you acknowledge that the Paid Services are available only to Members with a valid Advanced Membership or otherwise on payment of a fee. Credits for services can be acquired at the prices, for the periods and by the payment methods specified on the paid services pages. Prices are stated in the currency shown and include all applicable taxes unless otherwise stated. We do not auto-renew your membership unless you specifically select this option. If you selected to be auto-rebilled, then, the subscription will be auto-renewed for the periods stated. We may at any time change our price for a service. The new rate takes effect if you apply for a new service’s credits after we have posted the details of our new price on the Site.
- Member ID and password. As part of the member registration process, you will be required to select a member ID (username) and password. We may refuse to accept any username for any reason, including that the proposed member ID impersonates someone else, is or may be illegal, is or may be protected by trade mark or other intellectual property law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our absolute discretion. You are solely responsible for the confidentiality and use of your member ID and password (including all activities conducted under your Member ID and password) and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.
- Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member of AllBeautiful. You may terminate your membership at any time, for any reason, effective upon receipt of your written notice of termination by AllBeautiful staff. AllBeautiful may terminate your membership for any specified reason, effective upon sending a notice to your email address provided for at registration, or to any other email address provided by you to AllBeautiful staff. If your membership at AllBeautiful is terminated by reason of violation of this Agreement, or at your request, you will not be entitled to receive any refund of unused credits or paid fees for using AllBeautiful additional services. Unused credits expire 365 days after their purchase date. Notwithstanding your membership being terminated, this Agreement will remain in full effect.
- Non-Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and are not entitled to use the Service or the Website for any purpose. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- Proprietary Rights in Content. AllBeautiful owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of AllBeautiful 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.
- Content Posted on the Website.
- You understand and agree that AllBeautiful may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of AllBeautiful violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- By posting Content to any public area of AllBeautiful you automatically grant, represent and warrant that you have the right to grant to AllBeautiful an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- The following is a partial list of Content that is illegal or prohibited on the Website. AllBeautiful reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- 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 music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without AllBeautiful prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
- You may not include in your correspondence with other members any URLs, email addresses or telephone and fax numbers.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although AllBeautiful cannot monitor the conduct of its Members off the Website, 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 without their prior explicit consent. In order to protect it’s Members from such advertising or solicitation, AllBeautiful reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which AllBeautiful deems appropriate in its sole discretion.
- To ensure the quality of the service we provide, your Phone Call or Video Chat may be recorded.
- 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. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply AllBeautiful Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Member Disputes. You are solely responsible for your interactions with other AllBeautiful Members. AllBeautiful reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Use of the Website and/or the Service is also governed by AllBeautiful Privacy Policy
- Disclaimers. AllBeautiful is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. AllBeautiful is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. AllBeautiful assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. AllBeautiful is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will AllBeautiful be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
- To provide the Service, AllBeautiful purchases services from various Suppliers (collectively, “Suppliers”). The Suppliers providing services for AllBeautiful are independent contractors and are not agents, or employees of AllBeautiful. AllBeautiful is not responsible for 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 their partial or inadequate delivery of services. According to AllBeautiful contract (terms of Agreement) with its Suppliers, rendering of Suppliers’ contact information is prohibited. Services of AllBeautiful respected Suppliers are defined by the AllBeautiful and Suppliers terms of Agreement as:
- Suppliers provide full, accurate and legitimate information required for the registration of the female Members at AllBeautiful prior to their registration according to the terms of Agreement.
- Suppliers provide full, correct and quality translation of all correspondence of their female Members and their prospective soul-mates, Members of AllBeautiful.
- Suppliers provide additional services in accordance to the terms of Agreement with AllBeautiful.
- Any additional services requested by AllBeautiful Members, which fall into the Suppliers’ scope of activity, but not defined by AllBeautiful terms of Agreement with Supplier, such as arrangement of a meeting with the female Members of the Supplier, providing additional information on the female Members, or any other personal requests of Members, can be processed by Supplier, but are not obligatory granted. AllBeautiful is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website and the Service are provided "as is" and AllBeautiful expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AllBeautiful cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
AllBeautiful functions to provide the opportunity to its Members and female Members to effectively and comfortably search for your prospective soul-mate. AllBeautiful cannot take any effect on spiritual relationships of the Members and/or female Members of Websites. Female Members registered at AllBeautiful are looking for their prospective soul-mates, just as the Members are. They have an equal right to leave Website some day at any reason just as Members do. With regard to this fact, listed below conditions regulate AllBeautiful position in situations with deactivation of female Members’ profiles:
- female Member is no longer interested in services. In this case, after studying Member’s correspondence with the female Member, the decision of partially issued back credits can be made by AllBeautiful Customer Support administrators. However, in most cases, AllBeautiful is only able to issue 10 credits back to the Member for Member’s last letter to the female Member.
- female Member had requested to be deleted for unspecified personal reasons according to AllBeautiful Terms of Agreement with the female Members, this deactivation of the female Members’ profiles can be made on their request without explanation of the reasons for their deletion, as it may be very personal and violate the female Members’ privacy. In this case AllBeautiful does not issue credits back for Member’s correspondence with the female Member. AllBeautiful is only able to issue 10 credits back to Member’s account for Member’s last letter to the female Member, if this letter was the last one in their correspondence.
- female Member had found her soul-mate. In this case we are not able to issue any credits back to Member’s account.
- female Member had been reported for inappropriate activities. AllBeautiful may consider the possibility of issuing a partial refund in credits to the Member who had addressed such complaint on the specific female Member upon Member providing the requested and incontrovertible evidence of the fraudulent activities of the female Member.
- female Member had been found on an anti-scam site. Female Member’s profile may be deleted from the Website if only AllBeautiful considers the supplied information substantial and irrefutable as the generality of the allocated information on the Internet is apocryphal. AllBeautiful operates in full compliance with the International Marriage Broker Law (IMBRA). - Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will AllBeautiful be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if AllBeautiful has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, AllBeautiful liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to AllBeautiful for the Service during the term of membership.
- U.S. Export Controls. Software from the Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree that all such disputes shall, prior to the institution of litigation, be submitted to mediation in state of Florida. You agree that in the event you initiate litigation, such litigation may only be initiated in the state or federal courts of Florida, which courts shall have exclusive personal and subject matter jurisdiction and venue over the entirety of the dispute.
- Indemnity. You agree to indemnify and hold AllBeautiful, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- Internet Related Risks. You acknowledge that there are risks involved in online dating, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretence or for a criminal purpose.
- Other Provisions. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire Agreement between you and AllBeautiful regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
