"Agreement" means the most current version of these terms of service agreement between us and you.
"Facilitator" means an independent company located outside the U.S. that acts as your agent and facilitates the process of complying with the IMBRA in the event you seek direct contact by U.S. citizens and residents with non-U.S. citizens or residents.
"Licensed Materials" means our intellectual property, including but not limited to, our logos, trade names, service marks and trademarks.
"IMBRA" means the International Marriage Broker Regulation Act of 2005 contained in the Violence Against Women and the Department of Justice Reauthorization Act of 2005.
"Services" means each and every service we offer.
"Site" means OdessaDate and all other Uniform Resource Identifier we use to provide our Services and the underlying business that operates the site.
"System" means all of our software and hardware and all supporting technology.
"We," "us," and "our" means Dating Services International as the owner and operator of this web site under the trademark OdessaDate.
"You," "your," and "yourself" means any person, organization or business entity that purchases or otherwise seeks to use our Services, as well as their agents, assigns, and successors.
Please direct any questions not answered by reading this Agreement to us via "Contact Us" form.
You may not access the Site or utilize our Services if you have not yet reached 18 years of age, are a convicted sex offender, have a felony conviction or the equivalent in any jurisdiction or have been convicted of any crime of moral turpitude or are not an individual utilizing our Services solely for your own personal use and in good faith.
Before you may use any of our Services, you must read and agree to comply with this Agreement and understand and accept that this Agreement:
This Agreement shall in no way create an agency, employee-employer, franchisor-franchisee, joint enterprise, joint venture, or partnership relationship between you and us.
Our failure to require your performance of any provision of this Agreement shall not affect our right to require subsequent performance at any time of the same provision.
We cooperate with law enforcement and any other appropriate authorities and organizations of any applicable jurisdiction
Protecting your privacy is very important to us; so we do not sell your personal information and will only use it for obvious, legitimate business purposes.
No personal information will be shared with any third parties without your permission.
You agree that we may use your personal information to enforce this Agreement, and when complying with an order of a court or other government entity of competent jurisdiction.
When you establish an account with us, you are required to provide us with your name, address, telephone, email address and credit card information. We use this information to contact you when necessary, process payment for your use of our Services and to confirm your identity when you contact us.
We use clear gifts, cookies, log files, and third parties to create a profile of our users and the information gathered is personally identifiable as belonging to you so that we can better determine what Services and System adjustments will optimize your experience at the Site.
We may offer you opportunities to communicate with third parties. Please remember that we do not control or guarantee in any way the safety of the content on websites not operated by us and any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose any personal information.
We follow established security procedures to keep your personal information safe from unauthorized third parties.
You alone are responsible for maintaining the security of your account access information—i.e., username, password and account-access hints.
You alone are responsible for confirming the accuracy of your personal information that we use to contact you. Any email messages we receive that appear to be from the email address we have on file for you shall be deemed to have been sent by you or your duly authorized agent with full authority to act on your behalf.
In the event that you file suit against us, or threaten to file suit against us, we will release your personal information to our attorney for purpose of our defense. In the event that any government agency of any nation requests your personal information due to an investigation regarding any illegal conduct on your part, we will release your personal information to that agency upon their request. In the event that we believe you have violated the law of any jurisdiction, we will report the same to the relevant law enforcement agencies and release your personal information to them. In the event that any third party subpoenas your personal information regarding a civil matter on file in any jurisdiction, we will honor that subpoena and release the requested information accordingly.
We may change our fee schedule at any time and the new fee schedule shall be enforce immediately upon publication of the same on our web site or upon notice to you via email.
All memberships are provided on a monthly, recurring basis and will be automatically renewed one month from the date of your most recent membership fee payment, unless you notify us, in writing, at least seven calendar days before your current membership expires that you do not wish to renew your membership. All memberships are sold on a monthly, recurring basis. Your credit card will be charged a membership each fee each month unless you cancel your membership as set forth herein.
We will make three attempts to charge your credit card on file with us for the purpose of collecting all outstanding service fees and then to renew your membership at the current level; your membership will default back to the introductory level if we are unable to collect all outstanding service fees and/or the renewal fee for your current membership level.
No fees shall be refunded and all sales are final.
If you are a U.S. citizen or resident seeking to obtain personal information about or meet personally with a non-U.S. citizens or residents, you hereby agree to fully comply with all provisions of the IMBRA, including the requirement that you not make direct contact with the non-U.S. citizens or residents until you have completed the procedures required by the IMBRA.
You understand and hereby agree that all use of our Services by you is conditioned upon your continuing full compliance with the IMBRA and particularly with the information notification and release requirements.
Once you have fulfilled all IMBRA related requirements, we may in our sole discretion put you in contact with a Facilitator to assist with background information notification and release requirements so that you may eventually directly contact non-U.S. citizens or residents.
The Facilitator provides us with, and we maintain secure electronic copies of all information, forms and documents you and the non-U.S. citizen have given the Facilitator for the purpose of complying with IMGRA requirements.
The Facilitator checks U.S. National and State Sex Offender lists.
We may offer you the opportunity to pay for membership at various levels with each level priced differently and granting you the opportunity to make use of a greater number of our Services.
Members only pay for their particular membership level and fees at all levels shall be recurring; see section 4 for more details.
We may cancel your membership or lower your membership level if we determine, in our sole discretion, that you have violated the terms of this Agreement or the law of any jurisdiction or have engaged in any fraudulent or misleading conduct or communications with any site member or with us.
You may cancel your membership and/or remove your profile by visiting Account Options page located on the home page once you login. Your cancellation shall take effect within twenty-four (24) hours.
We may review and delete any content you post on the Site or utilizing our Services or System if we determine, in our sole discretion, that the content violates the rights of others or is otherwise not appropriate for the Site.
By submitting to the www.odessadate.com (the "Website") the attached photograph(s), audio-visual works, text, or other materials (the "Materials"), You acknowledge that Our Terms of Service, including these Copyright Terms, apply to Your submission and Our use of the Materials.
You represent that You are at least 18 years old or sufficient age to legally consent to this contract, whichever is greater, that You have the right to grant Us all the rights granted herein, and that the Materials are owned by You and are not owned by or exclusively licensed to any other person or entity. You also represent that the Materials, the creation of the Materials, and the use of the Materials do not violate any law or regulation and do not infringe the rights of any person or entity, including, but not limited to, any copyright and/or rights of privacy or publicity.
You understand and agree that You will not have any right of approval over the use of the Materials pursuant to this Agreement and You will not receive any additional compensation as a result of any use of the Materials or the rights granted pursuant to this agreement beyond the opportunity to use Our website to network and the exposure You and Your Materials will receive through the Website. This agreement constitutes the entire agreement between Us and You with respect to the subject matter of the agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. This agreement shall be governed by and construed in accordance with the laws of the State of Nevada, U.S.A., without giving effect to conflicts of law principles.
There shall be no third-party beneficiaries to this Agreement. All assignments are void unless consented to by us in writing.
You agree that we will not be liable for any harm or loss that may occur in connection with:
We shall not be liable to you or anyone else for delays in or failures to perform our obligations under this Agreement that directly or indirectly result from events or causes beyond our reasonable control including, but not limited to: hardware or software failures, other equipment failures, electrical power failures, labor disputers, strikes, riots, hurricanes, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or administrative bodies, or the non-performance of third parties.
We shall not be liable for any direct, indirect, consequential, incidental, special or exemplary damages of any kind, including but not limited to lost: profits, goodwill, use, data or other intangibles whether in contract, tort or negligence even if you we are aware of the possibility or probability of such damages.
If we are deemed liable to you by a competent court, our maximum possible liability to you for any reason shall not exceed $100.
We are not liable for any losses, damages or injury regarding any domestic or international travel that you or any third party engages in for any reason. You are solely responsible for all travel costs, fees and taxes. We do not offer travel services and are not a travel service agency.
We do not guarantee or indemnify any losses, damages or injuries that you may sustain through your interaction with any person that you meet via our site. We are not responsible for any funds or valuables that you might give to any third person, and we do not guarantee that any person you meet via this site will agree to have contact with you. All persons that you meet via our site are free to discontinue contact with you at any time. Please use all common sense regarding your interaction with any person that you meet or contact via this site and be reasonably cautious in all your dealings with any person that you meet or contact via this site. You agree to hold us harmless and indemnify us regarding any loss, damages or injury that you sustain regarding your interaction with any person you meet via our site.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES OR COSTS, INCLUDING ALL ATTORNEY FEES, COLLECTION FEES AND COURT COSTS, RELATED TO ANY DEMAND OR LITIGATION IN ANY WAY RELATED TO:
You represent and warrant that:
We make no representations or warranties of any kind in connection with this Agreement.
With regard to the Site and our Services
We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
We do not warrant that our Services will meet your requirements be uninterrupted or error free or that they will meet with your satisfaction.
We do not make any warranties or representations regarding use, correctness, accuracy, or reliability.
You agree that:
Unless otherwise provided herein, any breach of this Agreement by you must be remedied within five (5) calendar days after we send email notice of the breach to you.
Such notice shall be deemed delivered when sent to the e-mail address then on record with us.
If you fail to cure the breach within such period, we will have no further obligation to you and may terminate your membership and/or seek any other remedy available at law or in equity including but not limited to obtaining an injunction or specific performance.
Except as otherwise specified in this Agreement, notice of our actions pursuant to this Agreement will usually be provided to you within fifteen (15) calendar days following the taking of such action.
In the event that you breach any provision of this Agreement, you agree that we may immediately terminate your use of our Services and System.
In the event such a breach occurs by you, we may post on the Site that you have violated our terms and conditions of service.
In the event we determine that you have or continue to violate this Agreement or the law of any jurisdiction:
In the event that one or more provisions of this Agreement is deemed unenforceable or invalid, the unaffected provisions of this Agreement shall continue in effect, and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.
This Agreement shall be governed by the federal laws of Cyprus without regard to any conflict of laws provisions. In the event that you bring a legal action for damages against us in Cyprus, you agree to submit your claim to mandatory, binding arbitration at the direction of the courts of Cyprus. You will be required to pay 50% of the arbitration fee and related costs in advance to the arbitrator assigned by the courts of Cyprus before arbitration will engage.
You agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of Cyprus, Cyprus pursuant to mandatory binding arbitration as set forth herein.
If we reasonably decide to retain an attorney or collection agency to enforce this Agreement, the prevailing party will be entitled to an award of all reasonable fees and costs, regardless of whether a judgment is rendered or suit is ever filed.
Dating Services International
1607 Capitol Ave., 2nd Floor
Cheyenne, WY 82001