General Terms and Conditions of use for mazaldate.com
ATTENTION: No person under the age of 18 is permitted to visit this website or use the enabledating.co.uk (hereinafter "Website") Service (hereinafter "the Service").
The following General Terms and Conditions (hereinafter "GTC") define the terms under which the Website Service operated by the Website owners and Website administration (hereinafter "us" "we" or "our" or "Jewish Dating" or "Jewish Dating Network" or "mazaldate.com" ) shall be used. Please read these GTC carefully. By registering with the Service you recognize that you have read and accept the GTC as well as the Privacy Policy and cookie information pages. The GTC are an integral part of your contract. Differing terms and conditions are not accepted.
A special note about underage individuals
Individuals under eighteen years of age are not eligible to use our services. We ask that such do not submit information to us. The Website is intended for consenting adults, over the age of 18 (eighteen), or individuals that have reached the age of majority in their applicable jurisdiction, whichever is older. Persons under the age of majority are not eligible to register for, use and/or purchase the services and/or products featured on the Website or to become a member.
1. Service
1.1 The Service can only be used after you have registered. Registration is free. You thereby enter into a non-fee based contractual relationship with us, which is governed by these GTC.
1.2 We also offer more extensive services under a subscription which is fee-based, if you wish to communicate with other members and use the Service in full. We always notify you accordingly before you use any fee-based services, indicating which fees are applicable and the respective amount. You choose how long you want to subscribe to the service for. The subscription period paid for by you will not be extend automatically. You can use the fee-based services after paying the appropriate fee.
1.3 Your membership is intended only for your personal use. You are not allowed to authorize others to use your membership or your account on the Website. That means you're not allowed to share your access data with any third party or forward your access data to any third party. We offer the Service exclusively for private purposes. By registering, you undertake to use this Service exclusively for private purposes and not for commercial ones.
2. Registration and Service Use
2.1 The Service can only be used once registration has taken place.
2.2 By registering, you agree to these GTC and warrant that you are of age, i.e. at least 18 years old.
2.3 Services accessed over mobile devices might be restricted depending on the add-ons and features of your mobile browser and not all features may be available.
2.4 You must ensure the truthfulness of the details given during the registration and later during purchase and payment.
2.5 We reserve the right to block your access to the Service if you use the Service in a manner that is illegal or breaches the obligations laid out in these GTC. However, blockage of access for the above reasons shall have no effect on your obligation to pay for the service purchased.
3. Terms and Conditions of Use
3.1 The Website's primary purpose is to provide an adult entertainment experience. The Service enables members to connect with each other, exchange pictures, stories, fantasies, and contact and engage in conversation with other members, our representatives, and our automated system.
3.2 As stated on the Website's registration page, by using the Website and the service it provides, you agree to receive email newsletters, email notifications about your or other members' account updates, as well as special offers, targeted to your interests, sent by Dating Factory.
3.3 You understand and agree that there is no guarantee that you will find a date, a companion or an activity partner, or that you will meet any of our members in person. The Website merely provides an adult entertainment experience to its members.
3.4 You understand that you are responsible for all details you provide. You must ensure that the details you provide are truthful and describe you personally. You undertake to refrain from willfully presenting data from third parties as yours. Willfully false details or details made with fraudulent intentions, in particular providing the bank or credit card details of a third party without their consent, will carry legal consequences.
3.5 You undertake to keep the details provided to us up to date, in particular your contact details and payment information.
3.6 You are solely responsible for the content that you publish or display on the service, or transmit to other members, and by posting content to any public area of the service, you automatically grant, and you guarantee that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, worldwide license to use such information and content, and to grant and authorize sublicensing of this content. We reserve the right to use content from profiles, including the member username, photos and videos, for featuring them in promotional material. The Website has joined the Jewish Dating network which pools resources and members of several websites to provide you with a larger selection of members to communicate with. Any content you post may be visible on other sites on the network.
3.7 We do not verify the accuracy or truth of any information published by members. Whilst we are entitled, but not obliged, to investigate the content of profiles, including uploaded images, for compliance with the law in general, with these GTC and with the rules specified by us on the relevant web pages and, if necessary, to reject, modify or even delete the content in question. By using this service you accept that any member profiles, messages and communication may not be genuine and the service is for entertainment purposes only.
3.8 You undertake to furnish no information that you are not explicitly requested to provide. In particular, this applies to names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers.
3.9 You undertake to treat other customers' data (in particular names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers), e-mails and other forms of correspondence that you obtain in connection with your use of the Service with confidentiality; you also undertake to refrain from making these accessible to third parties without the consent of their originator. It is also forbidden to pass on the data of non-customers as part of the Service.
3.10 You warrant that you have no commercial intentions and will refrain from using the information entrusted to you for commercial purposes or purposes that breach the contract. You undertake to send messages to other customers for no purpose other than that of personal communication and in particular not for the purposes of advertising or tendering goods or services. You also undertake to refrain from sending "chain mail" or similar.
3.11 You shall not misuse us and in particular shall refrain from using the Service in order to
- distribute defamatory, objectionable or otherwise illegal material (e.g. but not limited to material that infringes third party personality rights such as photos of third parties);
- threaten or harass others and/or violate their rights;
- to pledge or demand money or payment in kind.
3.12 You also undertake
- not to upload any data containing a virus (infected software) or any other kind of malware (including but not limited to worms, Trojan horses, spyware etc.) to the Service;
- not to upload any data to the Service containing software or other material that are copyright protected or protected by other commercial property rights unless you are the owner of the rights in question or have obtained the consent necessary to use the software or materials from the holder of the rights;
- not to use the Service in such a way that the availability of the Service to other customers are negatively affected;
- not to intercept e-mails or make any attempt to do so.
3.13 If you do not comply with any one of the obligations set out in the paragraphs above, this may lead to us terminating the contractual relationship and access to the Service being immediately blocked.
3.14 You undertake to hold us harmless against all proceedings, loss, demands or claims for damages that may arise during your registration for and use of the Service. In particular, you shall indemnify us against any liability and all obligations, expenses and claims resulting from losses due to malicious gossip, insult, defamation and violations of personality rights by other customers, due to non-provision of services for customers or due to the violation of intellectual property rights or other rights by you. Furthermore, you shall indemnify us against all liability and claims arising from a breach of these GTC by you.
3.15 You are expected to open and respond to the messages that you receive at regular and appropriate intervals and, if necessary, file these on your own computer or another storage medium.
3.16 All incoming messages of users of the free service are stored in the internal mailbox on the site for 30 days. All incoming messages for paying subscribers are stored in your internal mailbox on the site for 3 months. We reserve the right to review and delete any messages, comments, photos, video and whole profiles (the "content") that in our sole judgment violate these Terms or may be offensive, illegal, or that might violate the rights or put in danger safety of other members.
4. Termination; Extension of the contract; Cessation of the service
You are entitled to terminate the contractual relationship with us at any time without stating your grounds for doing so.
The paid contractual relationship must be terminated at least 14 calendar days before the respective duration of the contract expires or, if another period was specified upon purchase of the paid access, within the specified period. The termination of the paid contractual services is only effective if it takes place by means of an explicit, written declaration. To aid clear assignment and to protect against misuse, you must always specify your registration details as an absolute necessity.
If you have purchased a paid service and delete your profile, the paid contractual relationship shall remain unaffected by this. If a service has been paid for but not used and you delete your profile, you are merely refusing to use the service. This means that you will receive no refund for the payment already made.
5. Information on Data
5.1 In the running of our Services, we undertake to comply with applicable legal provisions pertaining to data protection and processing of data.
5.2 Our collection, use and sharing of your personal information is subject to our Privacy Policy. You agree that by using our Services, you are consenting to the collection, retention, use or any portion of your personal information as set forth in the Privacy Policy, including any transfer of your personal information from your country of residence to any other country which where the laws regarding privacy may differ. For further privacy terms, please refer to our Privacy Policy. For all intents and purposes of law such Privacy Policy shall be deemed to be an integral part of these Terms and Conditions.
5.3 You acknowledge and agree that all content uploaded by you to the Service is available for all customers within the Dating Factory database. This is applicable regardless of the matter that other customers may have registered for the services provided by us or us via other websites in the Jewish Dating Network or us or via other cooperation partners. Reciprocally you also enjoy the benefits of this central Jewish Dating database for the Services provided which are available via different domains, due to the broader database available for you.
5.4 Your profile and its contents may be searchable by, and you may be able to search for the profiles and their contents of members registered to other websites operated and/or powered by us, for example, co-branded or privately labeled. Your profile and its contents may be searchable by third-party search engines, for example Google, MSN, etc.
5.5 To improve your chances of success the Website provides you with a free icebreaker messaging service. This feature ensures your profile gets maximum visibility as your matches are automatically sent a personal icebreaker message on your behalf.
5.6 In the course of serving ads to this site and you using some part of the web-site, us or our third-party advertiser may place or recognize a unique cookie on your browser. Cookies are a normal part of internet operations and are also used by the Website to safely identify you each time you login and use the site and to keep your session active when you don't use the website for some time. Any information that us or third parties collect via cookies and marketing campaigns tracking software is totally anonymous. By registering on this Website you agree to allow the placement of these cookies. For more information on the types of cookie we use on the sites please read our Cookie Policy.
6. Rights of use and copyright
All rights to programs, services, processes, software, technologies, brands, trade names, inventions and materials that belong to us shall remain exclusively ours. We are the owner of all rights of use for the above-mentioned rights. The use of all programs and the content, materials, brands and trade names contained therein are only permissible for the purposes specified in these GTC. Any reproduction of the programs, services, processes, software, technologies, brands, trade names, inventions and materials belonging to us are not permissible unless expressly authorized by us.
7. Liability
7.1 Direct contact is only established between our customers following mutual agreement. We are therefore not liable in the event that no such contact is established within the duration of the agreement. However, we endeavor to mediate contact between our customers by providing the technological means to this end.
7.2 We are not liable for the misuse of data and information as the possibility exists, despite its explicit prohibition, that you may use the Service in an improper or illegal manner. Furthermore, we are not liable in the event that information made accessible to a third party by you is misused by this third party.
7.3 We make no guarantee that the service will operate properly at all times, i.e. that it will be constantly available without interruption. In particular, we are not liable for faults in technical equipment or in the quality of access to the service due to force majeure or events beyond the control of us (e.g. failure of communication networks).
7.4 We are not liable for unauthorized attainment of your personal information by third parties, e.g. in the form of access to the database by hackers.
7.5 For other losses that occur due to causes other than those stated above, we shall only be liable in cases of intent and gross negligence on the part of its executive bodies, employees and vicarious agents, and this liability are proportionate to other causes contributing to the loss.
7.6 In the event of injury to life, body or health or in the case that we have breached material contractual obligations we are also liable for slight negligence. Liability in the latter case is limited to foreseeable, direct losses typical to this type of contractual relationship. In any event, our liability to you is limited, to the extent allowed by applicable law, to the aggregate amount of all fees you have paid to us in the 6 months period prior to the event causing our liability.
7.7 In case you would encounter anyone (online or offline) by using our Service, we are not liable for any harm that such person may inflict upon you, since it will be your sole responsibility to take all necessary precautions to avoid such mishap from happening. You acknowledge that it is impossible for us to screen the personal history of every member signing up to use the Service.
7.8 Liability is otherwise excluded.
8. Applicable law and Dispute resolution
8.1 To resolve a complaint regarding the Service or the Website, you should contact Website's Customer Support team using the Contact us form on the Website.
8.2 Should application of article 8.1 not result in an amicable solution within 15 calendar days after you filed the complaint, the following provisions will apply.
8.3 Any dispute, controversy or claim arising out of or relating to the conclusion, interpretation or performance of the present agreement, or the breach, termination or invalidity thereof, which has not been settled on the basis of article 8.1, shall be definitively settled by court.
8.4 If a claim is filed, the trial takes place exclusively at the location of the site owners in the city of Rishon LeZion, Israel or in the nearest court authorized to consider this claim.
8.5 The Parties shall have the arbitration conducted in accordance the rules and laws adopted in the State of Israel.