Last revised 18 February 2020.
1.3. By creating an account and using the Service, the Client represents and warrants that he/she:
1.4. The Client could use the Service in any manner and in any form within its declared functionality, including posting, uploading or display of any materials, including but not limited to information in the form of text and hypertext, messages, emails, images, photographs, audio files and other content (“Content”).
By using the App, the Client acknowledges and accepts not to post, send or upload any Content which:
2.2. By using 9JA DATE, the Client agrees to the processing of his/her Personal Data and warrants that all the provided Personal Data is true, correct and accurate.
9JA DATE reserves the right to terminate Client’s account and block access to the Service upon discovery or reasonable suspicion that the Client has provided incorrect information when using the Service (including cases when such information is used to deceive other Clients of the Service).
2.3. Processing of Client’s Personal Data may include collection, recording, organisation, structuring, storage, adaptation or alteration (update, change), retrieval, consultation, use, disclosure (to third parties authorised by law), alignment or combination, restriction, erasure or destruction of relevant Personal Data.
2.4. The username and password which are automatically generated by the Service or chosen by the Client upon registration are necessary and sufficient for the Client’s access to the Service. After successful registration, the Client is assigned a unique identification number on the Service, which is displayed in his address bar. The Client can change his/her username and password after registration.
2.5. It is also possible to automatically register with 9JA DATE through accounts in third party social networks. To do this, the Client should select the icon of the respective social network during registration and enter his/her username and password from this social network.
2.6. Once authorised through a third party social network, the Client could add to his/her account in 9JA DATE information from his/her account in the respective social network (including but not limited to Personal Data and photos). When the Client authorizes through a third party network, 9JA DATE does not receive an access to any information or data contained in the Client’s account in the respective social network beyond the information or data added from Client’s account in the third party social network to the Client’s account in 9JA DATE.
2.7. The Client is recommended to choose a password of sufficient complexity to avoid any possibility of password cracking by third parties. The Client is not allowed to transfer his login and password to third parties and is fully responsible for their safety, and choice of the method of their storage. In the event that there is a reasonable suspicion to believe that the Client’s username and/or password have come to knowledge of third parties, the Client should immediately change them (or contact 9JA DATE’s Support service by email email@example.com when he/she is unable to change them).
2.8. The Client should be aware that by placing Personal Data in his/her profile with the Service, he/she automatically reveals them to the other Clients of 9JA DATE. It is recommended that the Client would follow the same precautions in disclosing details about himself/herself to third parties online as he/she would do under any other circumstances.
2.9. Consent to Use of Data: Client agrees that 9JA DATE may collect and use technical data and related information—including but not limited to technical information about Client’s device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to the Client (if any) related to the 9JA DATE Application. 9JA DATE may use this information, as long as it is in a form that does not personally identify the Client, to improve its products or to provide services or technologies to the Client.
3.1. 9JA DATE grants the Client a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is granted for the sole purpose of letting the Client use and enjoy the Service’s benefits as intended by 9JA DATE and permitted by this Agreement. Any software provided to the Client by 9JA DATE may automatically download and install upgrades, updates, or other new features. The Client could adjust these automatic downloads through his/her device’s settings.
3.3. The Client is permitted to use the Service in the following ways:
In the event that particular content contained or placed in the 9JA DATE is subject to intellectual rights protection (including copyright) or relates to any person or entity (including posting of any images/photos of another person) the Client is allowed to reproduce it only upon reception of a prior consent from the respective party.
3.4. Clients of the Service are not allowed to:
3.6. When communicating with 9JA DATE’s customer service, the Client agrees to be respectful and polite. 9JA DATE reserves the right to terminate Client’s account as a response to threatening or offensive behaviour of Clients towards 9JA DATE’s customer service.
5.2. 9JA DATE’s users can post, upload and otherwise contribute content to the Services which may include, for example, pictures, text, messages, information, titles, descriptions and compilations and/or other types of content (“Client’s Content”). For the avoidance of doubt, Client’s Content includes any such content posted to the 9JA DATE and any part of the 9JA DATE Service.
Rights in relation to the Client’s Content become effective at the time when the Client adds such content to the Service and are effective for the duration of the relevant intellectual property rights or non-property rights.
5.3. By contributing Content to the 9JA DATE Service Client automatically grants the 9JA DATE an irrevocable and perpetual, non-exclusive, transferrable, fully-paid, royalty free, worldwide license by 9JA DATE itself or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate in other works, in any form of media or expression, in the manner in which the Service from time to time permits Client’s Content to be used, and license or permit others to do so.
9JA DATE’s license to the Client’s content shall be non-exclusive, except that 9JA DATE’s license shall be exclusive with respect to derivative works created through the use of the Service (for example, screenshots).
9JA DATE’s license to the Client’s content is subject to Client’s rights under applicable law (including the rights relating to personal data). This licence is provided for the limited purpose of operating, developing, providing, and improving the Service.
5.4. By placing content with 9JA DATE, the Client agrees that such content may be viewed by any person visiting the Service or by any Client of the Service.
Client is responsible for the use of the Service and for any Content the Client provides, including compliance with applicable laws, rules, and regulations. Client shall only provide Content that Client is comfortable sharing with others. Any use or reliance on any Content or materials posted via the Service or obtained through the Service is at the Client’s own risk. 9JA DATE doesn’t endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communication posted via the Services or endorse any opinions expressed via the Services. The Client understands that by using the Services, the Client may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or otherwise deceptive. All Content is the sole responsibility of the person who originates such Content.
In order to prevent violation of users’ rights, any Client may report any other Client or Client’s Content as inappropriate or by any means objectionable by sending notification to the 9JA DATE contact email and/or via the feedback form and/or via pressing the “report” button. Upon receipt of the report 9JA DATE shall review the questionable Content and/or Client’s information, decide on the appropriateness of the content, undertake relevant actions towards the questionable content and/or account, and notify the reporting party on the conclusion and undertaken actions within 24 hours.
5.6. Client hereby acknowledges to be solely responsible for all Client’s Content that the Client posts. 9JA DATE is not responsible for Client’s Content nor does it endorsed any opinion contained in any Client’s Content. CLIENT AGREES THAT IF ANYONE BRINGS A CLAIM AGAINST 9JA DATE RELATED TO CLIENT’S CONTENT THAT THE CLIENT POSTS, THEN, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW THE CLIENT WILL INDEMNIFY AND HOLD 9JA DATE HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND, INCLUDING REASONABLE ATTORNEY FEES AND COSTS, ARISING OUT OF SUCH CLIAM.
6.1. 9JA DATE provides the service on an “as is” and “as available” basis and to the extent permitted by applicable law. 9JA DATE grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, compliance with the purposes of use or non-infringement.
6.2. 9JA DATE undertakes all reasonable measures to put reasonable protection measures in place and to prevent interruptions in the work of the Service. 9JA DATE rescinds from responsibility for technical interruptions in the work of the Service, does not represent or warrant that any defects or errors in the work of the Service will be corrected.
6.3. 9JA DATE rescinds for any damage to the Client’s device or computer hardware, device or computer software, or other equipment or technology including, but not limited to damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
In the unlikely event that any defect is discovered within 9JA DATE, the Service will use every effort to repair or fix the defect free of charge, without significant inconvenience to the Client as soon as possible.
6.4. By using the Service, the Client acknowledges and accepts that any content or information that the Client obtains through the Service could be inaccurate and that any content downloaded or otherwise obtained through the use of the Service is accessed at his/her own discretion and risk. 9JA DATE rescinds responsibility for any Client’s loss arising from the transmission or use of content, contained in the Service.
6.5. 9JA DATE is not responsible for any actions of the Client which constitute part of the permitted use of the Service (as provided in paragraph 3.3. of these Terms) by the Client. By using the Service and the content therein, the Client acknowledges and accepts that he/she is acting at his/her sole risk.
7.1. The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. The display of links to third party websites or resources does not constitute an endorsement by 9JA DATE of any of the third party content information, websites, or resources provided. These links are provided for Client’s information only.
8.1. Termination of the Client’s account by 9JA DATE
8.2. Termination of the Client’s account by the Client
The Client registered on 9JA DATE can terminate his registration at any moment by going to the “Settings” control, then “Application settings” control in the App when he/she is logged in and the choosing the “Delete Account” button.
9JA DATE saves Client’s profile and the information contained therein for 30 days after Client’s account deactivation in case the Client decides to restore the account.
9.1. To the fullest extent permitted by law, 9JA DATE, its affiliates, employees, licensors or service providers expressly exclude:
9.3. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
10.2. Client acknowledges and accepts to cooperate fully and reasonably as required by 9JA DATE in the defence of 9JA DATE in a situation when 9JA DATE is sued as a result of Client’s use of the Service.
10.3. 9JA DATE reserves the right to settle or compromise any claims which are brought against 9JA DATE without Client’s prior consent.
11.2 For Clients of the Service residing in the EU or European Economic Area online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr.
12.1. In case the Client does not understand these Terms, he/she is recommended to contact 9JA DATE by email firstname.lastname@example.org.
12.3. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently. Any single or partial exercise by either party of any right, power or privilege should not preclude any further exercise of that right or the exercise of any other right, power or privilege.
12.4. 9JA DATE rescinds from liability for any direct or indirect violation of these Terms caused by circumstances beyond the reasonable control of the Service and which prevents 9JA DATE from fulfilling the obligations towards the Client.
12.8. In the case of any dispute between the different language versions of these Terms, the English and Russian language versions shall prevail.