This is a legal agreement (“Agreement”) between you and Screendating.co.uk, a Delaware corporation (“screendating.co.uk”. This Agreement applies to the access and use of the Screendating.co.uk websites, screendating.co.uk. including each website’s mobile and online versions (each, a “Website” or the “Websites”) and to the download and use of any of our applications (including iOS and Android applications) (the ” Applications”), and registration to or use of any of the services provided by us through the aforementioned platforms (collectively, with the Websites and Applications, each, a “Service” or the “Services”). By using any of the Services, you agree to, and are bound by, these terms and conditions of service of this Agreement (including the Privacy Policy) for as long as you continue to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services and which are incorporated into and form part of this Agreement.
The ScreenDating Services consist of the following, without limitation: a Service for single people seeking romantic relationships (the “Singles Service”), a content Service such as ScreenDating Advice, containing articles about and related to relationships, and any additional services currently offered or which will be offered in the future by or on behalf of ScreenDating. ScreenDating may offer new services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. ScreenDating also reserves the right to cease offering any of the Services.
This Agreement is subject to change by ScreenDating in its sole discretion at any time. We will notify you of any such changes by posting an updated version of the Agreement on this page. Your continued use of the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
- Eligibility
- Minimum Age.You must be at least 18 years old to register for the Services. By using the Singles Service, you represent and warrant that you are at least 18 years old.
- Marital Status. Our website is intended for singles looking for soul mates.
- Matching potential candidates.The Service requires your completion of the Compatibility Quiz on the website to ease your search for a potential match.
- Use of the Services
As a user of any of the Services (a “Registered User”), you agree to the following:
- Basic Membership.We are offering free membership to all subscribers for a limited time, after this period, every new member would have a free trial period. We would send out email to notify members before we start subscription by payments. Members can decide to un subscribe or remain subscribed but wouldn’t have full access to the services. Once you have registered by providing preliminary information (including email address and password), you will be asked to answer Compatibility Quiz which has been structured by reference to specific criteria. The results of the Compatibility Quiz as well as comprehensive statistical comparative data are used by ScreenDating to automatically create your individual personality profile. Your personality profile will then be integrated into the ScreenDating database.
- Subscription.There would be subscription fee in the future. At the moment the website is free.
- Exclusive Use.Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, except if previously agreed to by us. You can change your nickname but your verified name on the system cannot be change except you have gone through a documented legal name change and gender change. You acknowledge that ScreenDating is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
- Information Submitted.To the extent permitted by law, you are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services. You warrant and represent that all information provided to ScreenDating through our Services or otherwise will be truthful, accurate, and complete, and will be submitted only for lawful purposes. Details of how ScreenDating may use information you provide or post which is personal to you are set out in our Privacy Policy.
- Risk Assumption and Precautions.You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Singles Service. (we suggest you try we’ve got your back features). In addition, you agree to review and follow the recommendations set forth in ScreenDating’s Safety Tips, which is available at the bottom of all pages of the Singles Service.
- No Guarantees.Screendating is a dating website that offers her subscribers the opportunity to create a friendship that could result in something above a simple friendship but not a guarantee that your potential match would be a life partner.
- Reporting of Violations.We would be honoured if you report the violation of any member to help us improve our services and provide a fare and save environment for all users.
- Content Removal.ScreenDating reserves the right to remove any content that violates our website rules.
- Posting and Communication Restrictions. All postings must be in line with our terms and conditions.
- No Advertising or Commercial Solicitation.You will not advertise or solicit any user to buy or sell any products or services on or through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or other unsolicited commercial messages. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services. This could cause a suspension of your profile and possibilities of taking further actions to defend our users.
- Unique and Bona Fide Profile.As a Registered User of the Singles Service, you will create only a profile intended for singles in search for soul mates. We DONNOT offer any other services on our website.
- No Harassment of ScreenDating Employees or Agents.You will not harass, annoy, intimidate or threaten any ScreenDating employees or agents engaged in providing any portion of the Services to you.
- Social Media.We may provide you the option to connect your ScreenDating account to your account on some social networking websites (such as via Continue with Facebook) for the purpose of logging in, uploading information or enabling certain features on the Service. When enabling this feature, we will disclose to you the information we collect from the connected social networking website, and will use such information in compliance with our Privacy Policy. By connecting your ScreenDating account to your account on any social networking website, you hereby consent to the continuous release of information about you to ScreenDating. We will not send any of your ScreenDating account information to the connected social networking website without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and ScreenDating’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking website involved, and therefore the available features and shared information are subject to change in accordance with the terms of this Agreement, and the terms of use of the relevant social networking site.
- Reverse Engineering and Non-Interference.In addition to any ScreenDating information or documents containing information that constitute a “trade secret” as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed trade secrets of ScreenDating and you will treat the following as our trade secrets to the extent they have not been made public by us: (i) all source code, data and configuration files within or comprising our Services or used to receive content from, or deliver content to the Services, and all documentation relating thereto; (ii) all financial information relating to ScreenDating or its affiliates; and (iii) all Service plans of ScreenDating or its affiliates. By consenting to the terms of this Agreement, you acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that ScreenDating takes reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that you will not, engage in any activity, assist any third party in engaging in any activity, or attempt in any way, or assist any third party in attempting in any way, to: (v) discover or use any trade secrets of ScreenDating without ScreenDating’s prior written consent; (vi) reverse engineer or otherwise discover any source code utilized by our Services or any client or other software provided by us; or (vii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or our Services to protect the Services or any data, hardware, software or server used in connection with it.
- Linking, crawling and framing.You agree not to, and warrant and represent that you will not assist any third party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Services through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by ScreenDating.
- Proprietary Rights
- Ownership of Proprietary Information.You hereby acknowledge and agree that ScreenDating is the owner or licensee of highly valuable proprietary information accessible on or through the Services, including without limitation, the compatibility matching system, compatibility profiles, and our compatibility quiz (collectively, “Confidential Information”). ScreenDating owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.
- No Use of Confidential Information.You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users’ Information.Other Registered Users may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any ScreenDating or third-party proprietary information available via the Services.
- License to Posted or Accessed Content.By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your ScreenDating account to any of your social network accounts (e.g. via Continue with Facebook) subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to ScreenDating and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify 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 sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
- User Information
- Privacy Statement.We will only use your information in accordance with our Privacy Policy. You acknowledge that ScreenDating may transfer your personal information to ScreenDating’s and its affiliated companies’ offices overseas and may share your personal information with third parties employed to provide some or all of the Services. By registering to use the Services, you consent to this transfer of your personal information. For information about the collection, use and possible disclosure of information and material provided by you, please click on ScreenDating’s Privacy Policy located on the Services. By using the Services, you are consenting to the terms of ScreenDating’s Privacy Policy.
- No Contact Information.You agree that you will not post any full name, phone number, address, email addresses, personal website address or third-party profile page, or other contact information in the profile section of the Singles Service that will be made available to other Registered Members. You may, at your discretion, exchange privately.
- Disclosure By Law.You acknowledge and agree that ScreenDating may disclose information you provide in accordance with our Privacy Policy, including, if required to do so by law, at the request of certain third parties, or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law.
- Disclosure to Protect Abuse Victims.Notwithstanding any other provision of this Agreement or the Privacy Policy, ScreenDating reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, ScreenDating suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form.
- Use of Anonymous Information for Research.As set forth in our Privacy Policy, by using the Services, you agree to allow ScreenDating to anonymously use the information from you and your experiences through the Services to continue ScreenDating’s research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, your responses will be anonymous, and we will not publish research containing your personal identifying information.
- Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
Our Services do not currently advertise any third-party goods or services and do not contain links to third-party websites. However, ScreenDating reserves its rights to advertise on the Services and include third-party website links on the Services, including without limitation, advertisers, which are not under the control of ScreenDating, and ScreenDating is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. ScreenDating provides these links to you only as a convenience, and the inclusion of any link does not imply that ScreenDating endorses or accepts any responsibility for the content on such third-party website. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes or other promotion sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes or promotion sponsor. You agree that ScreenDating will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to ScreenDating with advertisers or sweepstakes or promotion sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Policy to learn more about our personal information handling practices.
- Disclaimer of Warranty
- No Warranties or Conditions.THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO CLAUSE 7 (LIMITATION OF LIABILITY) BELOW. SCREENDATING PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SCREENDATING DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. SCREENDATING DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.
- Third Party Content.Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by ScreenDating, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SCREENDATING DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR ACCESSED VIA THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SCREENDATING. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SCREENDATING BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
- Limitation of Liability
- Limitation of Damages and Aggregate Liability.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCREENDATING BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SCREENDATING KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SCREENDATING’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID SCREENDATING FOR THE USE OF ANY SERVICES.
- No Liability for non- ScreenDating Actions.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCREENDATING BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Information Verification.ScreenDating may but is not required to use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that ScreenDating will have no liability to you arising from any incorrectly verified information.
- Indemnification
- To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless ScreenDating and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by ScreenDating. ScreenDating reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ScreenDating in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS AGREEMENT.
- Complaints / Law Enforcement Contact
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of the ScreenDating Services, or email us hello@screendating.co.uk.
- Communication and Privacy
We may use the email address associated with your account to send you messages, including notifications of important changes to the Services, special offers, or attempts to collect on an outstanding balance. If you do not want to be contacted, please refer to our Privacy Policy to review your options.
- Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder.
You may terminate your account at any time, for any reason or no reason, without explanation, screendating.co.uk may terminate your account effective and would notify you reasons by email. ScreenDating reserves the right to immediately suspend or terminate your access to any of the Services, with little notice. We also reserve the right to remove your account information or data from our Services and any other records if your account and/or access to the Services is terminated. In the event your access to any of the Services is suspended due to a material breach of this Agreement, you agree that all fees then paid to ScreenDating by you will be nonrefundable.
Following any termination of your Singles Service account due to a violation of our Agreement, ScreenDating reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
- Cancellations
- Cancellation At Any Time With No Refund.Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by: accessing Data & Settings > “Manage profile” > Amend Subscription, clicking on the cancellation link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription.
- **RENEWALS**
IN ORDER TO PROVIDE CONTINUOUS SERVICE, SCREENDATING WOULD CONTACT YOU TO REMIND YOU OF YOUR UPCOMING EXPIRY AND ON THE EXPIRY DATE. WE DONNOT MAKE AUTOMATIC RENEWALS AND WOULDN’T COLLECT MONEY FROM YOUR BANK OR CARD AS WE DON’T STORE YOUR PAYMENT INFORMATION ON OUR SYSTEM.
- Governing Law & Venue
- Arbitration Agreement, Class Action Waiver and Jury Trial Waiver
- Purpose:This section 15 of the Agreement (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and ScreenDating. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all Disputes between you and ScreenDating shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “ScreenDating” means ScreenDating. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and ScreenDating regarding any aspect of your relationship with ScreenDating, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND SCREENDATING EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
- Pre-Arbitration Dispute Resolution:For all Disputes you must first give ScreenDating an opportunity to resolve the Dispute. You must commence this process by mailing written notification to
screendating@screendating.co.uk
That written notification must include (1) your name and username (2)profile reference (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If ScreenDating does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
- Arbitration Procedures:If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or ScreenDating may initiate arbitration proceedings and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
- Arbitration Award:The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Payment of Arbitration Fees and Costs:Absent of finding that your demand is frivolous, brought for an improper purpose, or malicious, ScreenDating will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with ScreenDating and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from ScreenDating your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
- Class Action Waiver:The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and ScreenDating specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Registered Member of ScreenDating and/or user of ScreenDating services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
- Limitation of Procedural Rights:You understand and agree that, by entering into this Arbitration Agreement, you and ScreenDating are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and ScreenDating might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
- Severability:If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
- Continuation:This Arbitration Agreement shall survive the termination of your contract with ScreenDating and your use of ScreenDating Services.
- General Provisions
- Right to Seek Injunction.Violation of this Agreement may cause ScreenDating irreparable harm, and therefore agree that ScreenDating will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that ScreenDating may have for a breach of this Agreement.
- Miscellaneous.This Agreement, which you accept upon registration for the Services, the Privacy Policy located on the Services, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and ScreenDating regarding the use of this Service, superseding any prior agreements between you and ScreenDating related to your use of the Services (including, but not limited to, any prior versions of this Agreement). The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Services. The failure of ScreenDating to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify ScreenDating. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Services;
- Information reasonably sufficient to permit ScreenDating to contact you, such as your address, telephone number, and email address;
- 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 owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
P. M. B. 21
151 High street
So14 2BT
Southampton,
Hampshire
United Kingdom
- Revision Date
This Agreement was last revised on August 11, 2021.
Copyright © 2000-2021 ScreenDating, Inc. All Rights Reserved. ScreenDating and other marks, colours, and images are registered and common law trademarks of ScreenDating, Inc. Other trademarks and brands are the property of their respective owners.