ServiceAgreement

SERVICE AGREEMENT

1. INTRODUCTION Prime : Selective Women Dating ("we," "us," or "our") is pleased to make the Prime : Selective Women Dating website, dating service and mobile application (as applicable, the "Service") available to you. By registering for the Service, you agree to be bound by the terms set forth in this End User Service Agreement, our Privacy Policy, and all other provisions and policies associated with your access and use (the "Agreement"). PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU CHOOSE TO ACCEPT THE AGREEMENT BY CHECKING THE "I AGREE" BOX, YOU UNDERSTAND AND CONSENT TO BE BOUND TO THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ALL CONDITIONS OF BECOMING A MEMBER (DEFINED BELOW), THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS, THE CLASS ACTION WAIVER, AND THE PRIVACY POLICY, ACCESSIBLE HERE. If you do not wish to accept all terms and conditions contained in this Agreement, do not check the "I Agree" box below or complete the registration process for this Service. For purposes of this Agreement, after you register with the Service, you will be referred to as a "Member." You may register as a Member at no cost to access some, but not all, of the features of the Service. Additional features are available to Members through a paid subscription, as described below. Prime : Selective Women Dating owns and operates a number of dating websites ("APP"). Although the APP are under common ownership, each has its own members and maintains its own database for storing member profiles and other information provided. Unless otherwise specified below, Member profiles or other information are not shared between these APP. The profile of a member who has registered on one APP will not be visible to members of a different APP unless that member has separately registered for and created a profile on each APP. As described in further detail in Section 2 of this Agreement, the only circumstance in which we may share data about members of one APP with another APP is for security and fraud prevention purposes. In addition to our APP, Prime : Selective Women Dating owns and operates a number of affiliated dating websites that help us provide potential matches for our Members ("Affiliates"). Each APP has its own Affiliates that are specifically associated with the APP. Users who seek to register through the Affiliate Site are redirected to the APP to become a Member. Anyone who seeks to register via an Affiliate Site for Prime : Selective Women Dating will be directed to become a member of Prime : Selective Women Dating. In addition to the registration function, our Affiliates may provide additional information about our Service, including but not limited to frequently asked questions and contact information. Regardless of whether you register by accessing the APP or through one of its Affiliates, you will become a Member of Prime : Selective Women Dating and your profile will be accessible to all other Members of Prime : Selective Women Dating, including but not limited to those members who registered through a different Affiliate Site. For a full list of Prime : Selective Women Dating Affiliates, please click here. Separate from these APP and Affiliates, certain third party websites may provide links to our APP and Affiliates ("Third Party Sites"). As discussed below in Section 12, these Third Party Sites are not owned or operated by Prime : Selective Women Dating. We do not provide any data about our Members to these Third Party Sites, and we are not responsible for the privacy policies or information practices of these Third Party Websites; we also are not liable for any information that you share with these Third Party Websites prior to being directed to us.

2. OVERVIEW


2.1 Setting up your Account. After you have consented to this Agreement and registered to use the Service, you can view other Member profiles, communicate with other Members, access and view our blog, and communicate with us through the Service. You need to create an Account and set up a member profile to use the Service. To set up an Account you must: (i) be at least eighteen (18) years old; (ii) provide us with your first and last name; (iii) have a valid email address; and (iv) Prime : Selective Women Dating a user name and create a unique password. You also must have a valid credit card/payment method if you choose to register for a paid subscription, which will provide you access to all the features and functions of our Service. We hereby reserve the right to authenticate your identity to ensure compliance with the terms of this Agreement and applicable law. By creating an Account you represent and warrant that all information you have provided is accurate and true. You will receive an email confirmation that includes a copy of the Agreement after you have successfully set up a profile and an Account.

2.2 Account Types. You may register to use our Service as set forth above at no cost and use some, but not all, of the features of our Service. To access and use all features of our Service, including but not limited to the ability to send mails to other Service Members, you must enter into a paid subscription. You may elect for different subscription periods, as described in further detail when you register. Subscription fees are subject to change and are paid in advance of the subscription term that you choose.

2.3 Subscription Renewal and Automatic Cancellation. Month to month subscriptions automatically renew; however, three (3) and six (6) month subscriptions will be cancelled automatically unless you elect to renew your subscription. We will notify you of your options on or before the day the subscription is set to renew or expire.

2.4 Subscription Cancellation and Termination. Not withstanding the forgoing, you may cancel a subscription within three (3) business days of subscribing to our Service to receive a refund by notifying us through the contact information provided below. This three business day period is your "Trial Period". You may cancel your subscription at any time during the subscription term by contacting us at Prime : Selective Women Dating - Contact Us. Except for cancellations made during the Trial Period subscription fees are non-refundable. Failure to pay subscription fees will result in termination of the paid Service and/or your Account.

2.5 Account Security. You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (i) ensuring all information used in connection with our Service is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account, including if we have reason to believe that you have provided fraudulent information in connection with your Account or activities on our Service. We may share data with our Affiliates as well as other APP owned and operated by Prime : Selective Women Dating for security and fraud prevention purposes.

3. PROFILE DISCLAIMER, PROFILE VISIBILITY AND YOUR CONTENT

3.1 Profile Visibility and Disclaimer. Your profile is used to connect you with other Members of the Service and will be visible to those Members. FOR THE AVOIDANCE OF DOUBT, WHEN YOU CREATE AN ACCOUNT AND USE OUR SERVICE, YOUR PROFILE WILL BE VISIBLE TO REGISTERED MEMBERS OF OUR SERVICE. AS EXPLAINED IN THE INTRODUCTION, TO ENHANCE YOUR OPPORTUNITY OF MEETING SOMEONE SPECIAL, WE WILL SHARE YOUR PROFILE WITH MEMBERS WHO REGISTER VIA OUR AFFILIATED WEBSITES (WHICH WE OWN AND CONTROL) IN ADDITION TO MEMBERS WHO REGISTER DIRECTLY VIA Prime : Selective Women Dating. YOU CAN SEE A LIST OF THE CURRENT AFFILIATE WEBSITES FOR Prime : Selective Women Dating VIA THIS LINK. There are various features that enable you to block or restrict designated users from being able to view and/or access your profile, to provide more anonymity by hiding certain photos or your gender, and to create private photo albums. Your profile will not be visible on any Third Party Site that provides links to our APP or Affiliates.

3.2 Content You Post. You will be able to post pictures, text, images and other material in connection with your profile and use of Services ("Content"). You understand that Content you post or share, including your user name and picture, may be viewed by other Members of the Service. We, in our sole discretion, may reject or approve submitted Content. You are solely responsible for submitted Content and shall indemnify, defend and hold us and our employees, officers, directors, shareholders and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising from your Content. Although we will never post your profile publicly, certain Content may be featured on the publicly available portions of our APP or Affiliates.

4. USE RIGHTS

4.1 Content. You grant us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and/or display submitted Content. You have no reasonable expectation of privacy when using the Service because you understand that anything you post or communicate through the Service may be seen by other Members, including Members who you choose to communicate with you directly. You have the option to make some conversations or photo albums private so that only those Members whom you choose have access to them. You are solely responsible for all Content submitted to the Service. If you terminate your membership or delete content from your profile, some content may remain available, including because of cached internet pages or other uses by third parties that are beyond our control. By checking the "I Agree" box, you acknowledge that you understand and agree that we cannot and does not assume any liability for or relating to third party use or cached content which is beyond our control. 4.2 Service. We grant you a limited, non-exclusive, non-transferable, revocable limited license to access and use our Service as expressly permitted herein. We reserve all rights not expressly granted herein.

5. RESTRICTIONS/CODE OF CONDUCT


You are solely responsible for your interaction with other Members of the Service, whether online or offline. We are not responsible or liable for the conduct of any Members. Please exercise common sense and prudent judgment in your interactions with others in all of your online and offline activities. You agree not to do any of the following: Submit any direct or indirect endorsement or opinion of the product or services without disclosing any association or material connection you may have with such Content, as required by the Federal Trade Commission. Upload any Content for the purpose of intentionally misleading us or any other Service Member.Use the Service to engage in or solicit prostitution, to procure or facilitate another to commit prostitution, or to promote the prostitution of another person in any manner whatsoever. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful Content.Upload, or otherwise make available Content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. Upload Content or any files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of our Service or another’s computer or property of another. Download Content posted by another user of our Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content or other material contained in a file that is uploaded. Resell or otherwise commercialize Content or any other function or feature of the Service.Include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post or send any photos containing nudity or otherwise vulgar or offensive materials through our Service. Use hateful or discriminatory language based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age or otherwise objectionable language. Spam or otherwise generally harass users of our Service. Violate any applicable laws including but not limited to the Communications Decency Act, 47 U.S.C. § 230(c), or regulations with respect to your access and use of Content and the Service. WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOU HAVE VIOLATED ANY PROVISION OF THE AGREEMENT, INCLUDING THE PRIVACY POLICY.

6. OUR PROPRIETARY RIGHTS

Our Service and all logos, trademarks, buttons icons, images, pictures, graphics, content used in connection with the same (collectively referred to as "Our Content") are protected under U.S. intellectual property laws, and are exclusively owned and/or controlled by us.

UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS PROHIBITED.

7. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR RESPECTIVE SUPPLIERS MAKE REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SERVICE OR THE CONTENT YOU OR OTHER USERS SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY SERVICE OFFER BY OTHER USERS, ANY ACTION OR INACTION BY OTHER USERS, INCLUDING OTHER USER’S FAILURE TO COMPLY WITH THE TERMS OF THE AGREEMENT. THE FUNCTIONS AND FEATURES OF THE SERVICE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF THE SERVICE.

8. LIMITATION OF LIABILITY


YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE AND OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

9. INDEMNIFICATION

You agree to indemnify, defend and hold us harmless and our parents, subsidiaries, affiliates, officers, directors shareholders, and agents for any and all loss, cost, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of the Agreement; (ii) your use or misuse of the Service; (iii) your violation of any law or the rights of any third party; and/or (iv) your interaction with other Service users.

10. TERMINATION

You may terminate your participation at any time by discontinuing use of the Service. At that time we may delete Content you have submitted via the Service in accordance with our Privacy Policy. If you have a dispute with us or with the Service, immediately cease all use of the Service. Ceasing all use of the Service is your only remedy with respect to any such dispute that you may have with us. If we terminate your subscription after the Trial Period has ended, you will not be entitled to any refund of unused subscription fees. The following Sections shall survive termination of this Agreement or your use of the Service: 3; 5; 7; 8; 9 and 16. You agree that any notice to us shall be made via email to Prime : Selective Women Dating - Contact Us. If the notice concerns your withdrawal from the Service or cancelation or termination of your membership, it will be effective within a reasonable time after we receive it,