This Agreement applies to your use of our Websites as well as other pages, information, software, services, products and contents which may be operated, hosted or managed by us or our affiliates (together, "Our Services" or "our Websites")). Some of these products and services may require your use of the Website's Account (the "Account"), and this Agreement contains terms which are applicable to the use of such products and services. By using our services (our "Services") or by completing the registration process to obtain and use our Website's Account, you agree to be bound by this Agreement for as long as you continue to be a member. If you do not agree to this Agreement, please do not register with our Website or otherwise access or use our Websites.
We reserve the right at any time to alter or amend the terms of this Agreement, modify our Webites contents or features, or change any fees or charges for using our Websites and our Services. Whatever changes we make will go into effect from the date of revision without notice to you. Your use of our Websites after such changes will be deemed your acceptance of the changes. You may bookmark this page and check it frequently for any notice of amendments / changes to the earlier version of Agreement.
THIS IS NOT A FREE SITE
While signing up for membership is free, which includes functions such as browsing members’ profiles and pictures (except Locked Photos, which require upgrading membership to PREMIUM) , receiving admirer mails and using bonus point to send introduction mails to others whom you have just met. Correspondence with members via EMF Mail, Live Chat and CamShare, etc are paid for using credits which can be purchased on our Websites. For details of our cost of services, please click here.
1.1 You must be at least eighteen years old when you register to become a member of our Websites. Your membership of at our Websites is void where prohibited.
1.2 By using our Websites and our Services, you represent and warrant that you have the capacity to enter into this Agreement and to comply with all of its terms and conditions. If such representation turns out to be false, your membership will be terminated immediately without refund of any unused or used Credit / funds.
2.1 Before you register to be a member of our Websites, you are deemed to understand how our Websites and our Services work. You may check for related details in our FAQs/Help pages.
2.2 When you register to become a member, you agree to provide accurate and the most updated information about yourself as required. We reserve the right at any time to terminate your membership if you are found to provide inaccurate, outdated, incomplete or misleading information, as we may determine in our sole discretion.
2.4 You will select the Account that will be identified as the Website's Account for your access to our Websites. In some instances the Account may offer you the opportunity to obtain further sister Website's Sites services which become associated with your Account.
2.6 By becoming a member, you agree to accept and consent to receiving electronic communications initiated from our Websites or through our affiliates including without limitation: message notification emails, matches updates, emails informing you of promotions that either are provided by our Websites or that are being provided by our sister Websites. You may opt-out from receiving such email communications sent from or through our Websites by notifying us.
3.1 We may immediately terminate your membership and your access to our Services if found that you are found in breach of this Agreement. We reserve the right to take further action for the loss or the potential loss on our end and/ or any loss caused to other members or third parties when necessary as a result of your breach of this Agreement. You will not be entitled to any refund of any used or unused Credit /funds upon any breach of this Agreement by you.
3.2 You may terminate your membership at any time, for any reason, effective upon receipt by us of your written notice of termination. All unused credits can be refunded as per our Refund Policy.
3.3 Save as otherwise expressly provided in any additional terms governing the use of specific services, for non-fee paying members, , we may cancel or suspend your use of our Services at any time at our discretion, without cause and without notice.
3.4 Your right to use our Services and your Account may end once your account is terminated and any information you have stored on our system may no longer be available to you. It is therefore important you maintain your own archive of information at your choice.
3.5 If you have subscribed to any other products or services for which payment is necessary, you remain responsible for paying any amounts due on your account at the time your account is terminated. If you are participating in any free promotional offer for accessing other sister Website's Services you must cancel such Services before the end of the free trial period to avoid incurring charges.
Online / Offline Conduct
As a member of our Websites, you understand and agree that:
4.1 You may have only ONE membership account on our Websites at any point in time, which is for your sole private use. You may not authorize others to use your membership account, and you’re a membership account may not be used in connection with any commercial endeavors. Only natural persons may use our Websites. Other legal entities like organizations, companies, and/or businesses may not become members and should not use our Services for any purpose.
4.2 You will only use our Websites and our Services in a manner consistent with all applicable laws and regulations. You will not transmit 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 when using our Websites and our Services.
4.3 You will not make illegal and/or unauthorized uses of our Websites and our Services, including collecting usernames and/or email addresses of other members posted on our Websites by any means for the purpose of sending unsolicited emails and unauthorized framing of or linking to our Websites. Appropriate legal action will be taken on our side, including without limitation, civil, criminal and injunctive redress.
4.4 We are not responsible for the conduct, whether online or offline, of any members using our Websites. Please use caution and common sense when using our Websites and the Services. Your interactions with other members posted on our Websites are entirely at your own risk in particular those set out in the Risk Disclosure Statements.
4.5 In addition to our Intellectual Property Policy, you may not post, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
4.6 We are entitled to review and delete any contents, messages, photos or profiles (collectively, "Content") that in our sole judgment violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of our Websites, our Services and other members.
4.7 Our service fees quoted on our Websites form part of this Agreement. We reserve the right to change the same at any time. If you are unhappy with any service fee changes you may terminate your membership by writing to us.
4.8 When using particular Services of our Websites, you shall be subject to any posted Policies or Procedural Rules applicable to such Services, which may be updated and modified from time to time. All such Policies or Procedural Rules are hereby incorporated by reference into this Agreement.
Our Services can be purchased using the Account. You can obtain Credit by paying via credit/debit card, cash, check or any other method our Websites may accept as payment of account subject to our Refund Policy. All costs of our Services are denoted in units of Credit unless a particular currency is specified.
Please refer to our Refund Policy. The Refund Policy on our Websites forms a part of this Agreement. We reserve the right to amend or alter such Policy at any time, and changes are effective upon posting on our Websites with notice to you.
Proprietary Rights of Contents of our Websites
8.1 We own and retain other proprietary rights of our Websites and our Services, as described in details in the Website's Intellectual Property Policy. Our Websites contains member profiles, photos, copyrighted material, trademarks and other proprietary information of our operating or holding company or its licensors. Except for those information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
8.2 Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact us. Notice of claims of copyright infringement should be provided to the following address: Elite State UK Limited, 71-75 Shelton Street, London, WC2H 9JQ.
8.3 You will not "frame" or "mirror" any part of our Websites, without our prior written authorization. You also shall not use Meta tags or code or other devices containing any reference to our Websites or our Services in order to direct any person to any other web site for any purpose.
9.1 We cannot and do not warrant any specific outcome from using of our Websites and/or our Services. We make no warranties, guarantees or representations as to any advice, opinion, statement or other information displayed, uploaded or distributed through our Websites by us, our partners or any member or any other person or entity.
9.2 We NEVER authorize any third-party organization or individual, including without limitation, those service providers our Websites presently cooperates with and/or used to co-operate with, any local service provider staff, any member whose profile is posted on our Websites, to impose any charge our members for any reason in the name of our Websites. We do not rule out the possibility that besides using our Websites and our Services, some of our members might at the same time have relationship with certain service provider that our Websites presently cooperates with and/or used to co-operate with, and even pay for their service that is in no connection with our Websites. We claim no warranties for the quality of their service, and carry no responsibility for any loss or damage, including personal injury or death, resulting from your use of their service. And you are solely responsible for any transactions between you and that service provider, whether online or offline.
9.3 Our Websites has built up a good reputation that is widely acknowledged by members seeking dating and romance. However, some other websites of the same kind may duplicate our business and service model by publishing false member profiles and/or providing fraudulent service to cheat sincere members looking for dating and romance. We accept no liability to you for any indirect, consequential, incidental, special or punitive damages, including loss of profits arising from your use of such fishing sites.
Limitation / Exclusion of Liability
10.1 WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF THE MEMBERS POSTED ON OUR WEBSITES, WHETHER ONLINE OR OFFLINE. PLEASE USE CAUTION AND COMMON SENSE WHEN USING OUR WEBSITES AND OUR SERVICE. YOUR INTERACTIONS WITH MEMBERS WITH PROFILE POSTED ON OUR WEBSITES ARE ENTIRELY AT YOUR OWN RISK.
10.2 WE CLAIM IMMUNITY FROM LIABILITY TO THE FULLEST EXTENT UNDER THE LAW AND FOR CONTENTS AND SERVICES PROVIDED BY THIRD-PARTIES THAT OUR WEBSITES COOPERATES WITH, AND NOTHING IN THIS AGREEMENT IS INTENDED TO WAIVE, REMOVE, OR USURP SUCH IMMUNITY.
10.3 IN NO EVENT WILL WE 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 OUR WEBSITES. WE DO NOT HAVE ANY LIABILITY OF ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEY'S FEES) OR OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM YOUR BREACH OF THIS AGREEMENT.
10.4 WE ASSUME NO RESPONSIBILITY FOR THE PRIVACY PRACTICES OF ANY THIRD-PARTIES THAT WE COOPERATE WITH. WE DO NOT DETERMINE WHICH INFORMATION WILL BE COLLECTED BY THAT THIRD PARTY FOR PURPOSE UNRELATED TO SERVICE OF OUR WEBSITES.
Risk Disclosure Statements and Client Protection Policy
As is with every objective you may pursue in life, there is always the associated risk(s), so are the endeavors you are about to take through our Services. Whilst we have taken and will take every practical control to minimize the such risks, we wish to highlight some scenarios of higher likelihood, which you must be aware of and undertake to risk the same. For details of the risks associated with our Services and the possible counter measures, please read our Risk Disclosure Statements and Client Protection Policy.
Legal Terms, Applicable Law and Jurisdiction
You agree that any action at law or in equity arising out of or related to the Agreement shall be filed only in the Courts of the Hong Kong Special Administrative Region, and that you hereby consent and submit to the exclusive jurisdiction of such courts, absolutely waive the procedural defence of "forum non-convenien". No action arising under or related to the Agreement may be brought by either party more than one year after the cause of action has occurred. This Agreement is governed and to be interpreted exclusively by the laws of the Hong Kong Special Administrative Region.
What Information We Collect
The types of Personal Information that we collect fall under two general categories: personally identifiable information (PII) and non-personally identifiable information (non-PII). PII consists of any information which can be used to specifically identify you as an individual, whereas non-PII consists of aggregate information or any information that does not reveal your identity. The following paragraphs explain what PII and non-PII we collect from you, and how we use such information.
How We Collect and Use Information
Log Files. Any time you visit any of our Websites, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet Service Provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer our Websites, prevent fraud, track visitor movement in the aggregate, and gather broad visitor demographic information. For example, we may log your IP address for system administration purposes. IP addresses are logged to track a user’s session. This gives us an idea of which parts of our Websites our members are visiting. We do not share the log files externally.
Web Beacons. "Web beacons" (also known as "clear gifs" and "pixel tags") are small transparent graphic images that are often used in conjunction with cookies in order to further personalize our Websites for our users and to collect a limited set of information about our visitors. We may also use web beacons in email communications sent to you in order to understand the behavior of our members. We do not link the web beacons to any of our members’ PII.
Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use our applications, the events that occur within the applications, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any of your submitted PII within the mobile application.
Purchase Information. To process purchases, we may require your name, address, phone number, email address and credit card information. Such information is used primarily to process your order or as otherwise described herein. Credit card transactions are processed through industry standard Secure Socket Layer (SSL) and/or strong encryption (3DES) by a third party, which only uses your information for that purpose.
E-mails. You are require to produce an e-mail address when you register for our Services. We use your e-mail for both transactional (e.g. order placement and confirmation, refund and renewal processing, notifying you of our suggested matches) and promotional (e.g., newsletters, new product offerings, special discounts, event notifications, special third-party offers) purposes. Our e-mail messages may contain codes that enable our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were opened. If you do not want to receive promotional e-mails from us, please see the section below labeled "Opt-Out". We reserve the right to send you certain communications relating to our Services, such as service announcements, terms and policies updates and administrative messages, without offering you the opportunity to opt out of receiving them. We may also contact you by email, tickets and/or telephone (including to any wireless number you may provide to us) solely in connection with our Services. If you would rather not receive emails, tickets or telephone calls from us, you may change or delete your number by contacting us for it to be removed from our contact list.
Mobile Device If you use your mobile device to access our Websites or download any of our applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system information, IP address and etc. We collect your geolocation information only with your consent.
Demographic Data. We collect demographic data from our members and visitors. We use this data to tailor your user experience at our Websites, showing you content that we think you might be interested in, and displaying the content according to your preferences. Some of this information may be shared with advertisers on a non-personally identifiable basis.
Online Survey Data. We may periodically conduct voluntary member surveys. We encourage you to participate in such surveys to help us improve our Services. All responses are anonymous and do not involve any of your PII.
Mobile Device Additional Terms
Mobile Device If you use a mobile device to access our site or download any of our applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system and version information, and IP address.
Geo-Location Information. We do not ask you for, access or track any location-based information from your mobile device at any time while downloading or using our mobile apps or our Services.
Push Notifications. We send you push notifications if you choose to receive them for notifying you of our matching services, letting you know when someone has sent you a message, or for other related matters. If you wish to opt-out from receiving these types of communications you may turn them off at the device level.
Disclosure of Your Information
Disclosure to Your Matches. Our matching services remain an integral part of providing our Services which involves disclosing your profile information to your matches. Photos and other profile information posted by you will be available to other members matched with you. We never share your contact information with your matches without your consent.
Disclosure By Law. You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend our company’s rights, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
Information Transferred As a Result of Sale of Business. As we develop our business, we may buy or sell assets and, depending on the transaction, your PII may be one of the transferred assets. In the event that we are acquired by another company, your PII may be part of the assets transferred to the acquiring party. If this occurs, you will be notified if there are any material changes to the way your PII is collected or used.
We may use third-party advertising agencies or other service providers to serve ads on our website on behalf of CharmDarling.com or third-party advertisers (e.g., retailers of goods or services). These companies may employ cookies and web beacons to measure advertising effectiveness. Any information that these third parties collect via cookies and web beacons is completely anonymous.
We use encryption and authentication tools to guard against loss, misuse and alteration of our your information shared with us. Security measures include the use of Secure Socket Layer (SSL) and/or strong encryption (3DES) technology during credit card transactions and administrative access to site data, which are applied to all repositories and transfers of user information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems.
Links to or Access from Other Sites
You may use the following options for removing your information, including any unauthorized profile, from our e-mail database if you wish to opt out of receiving promotional e-mails and newsletters.
1.Click on the "unsubscribe" link on the bottom of the e-mail;
2.Send ticket to us letting us know which promotional e-mails you wish to opt-out of; or
3.Select from our FAQs to find the answer you are looking for, or send us a ticket and our customer service team will be happy to assist you.
Updating Your Personal Information
We provide users the following options for updating information previously submitted, including deletion of your Personal Information.
1.For account settings, you may change your personal information such as height, weight, ethnicity and other information from "My Profile" settings; or
2.You can send ticket to our customer service team to amend or delete your account information at any time.
Onward transfer and consent to international processing
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