TERMS OF USE
LAST UPDATED: 11.10.2024
1. OVERVIEW
Introducing hornydaters.com (the “Site” or “platform”), a digital platform operated by NBS Group Ltd. (“Company” “we”, or “us” or “our”). As a private company based in Bulgaria, we offer an online dating and entertainment service to our users. By accessing and utilizing our website, you agree to abide by the terms and conditions outlined in this document. These terms serve as a binding agreement between you, the users, and our company, and govern the use of our website and services. Before proceeding, we highly recommend that you take the time to carefully read and fully understand these terms.
2. ACCEPTANCE OF TERMS
These are the Terms on which we supply our services as detailed in section 9. They provide information on our company, the process of obtaining and using our services, and steps to take in case of any issues. By accepting these terms, you confirm your agreement to comply with them, as well as any additional terms, policies, and guidelines referenced in this document.
Furthermore, by clicking on any button labeled "SUBMIT", "I ACCEPT", "I AGREE" ”REGISTER”, “SIGN-UP” or similar links or buttons during registration or any updates to these terms, you are providing a legally binding electronic signature.
3. CHANGES TO THESE TERMS
These terms are subject to change and we reserve the right to make modifications, amendments, revisions, and restatements to them at any time, at our discretion. We will notify you in advance of any material changes that may affect your use of the website. The determination of what constitutes a material change will be made by us alone. If you do not agree with any changes, you should discontinue use of the website. The date of the last update of these terms can be found at the beginning of the document. The term "changes" in this section should be understood to include any and all modifications, amendments, revisions, and restatements.
We will inform you of any changes to the terms through one of the methods outlined in section 18 or through a pop-up window upon your next visit to the website. If we notify you of changes through email, these changes will take effect immediately upon sending the email to the address you have provided us, regardless of whether the email is filtered as spam or not read by you for any reason.
4. ELIGIBILITY
By accessing or using the website, you confirm that:
a) you are at least 18 years old (or 21 years in certain jurisdictions such as the US states of AL, MS, NE, and WY);
b) you will not allow anyone under the legal age in the jurisdiction where the website is being viewed to access or view any materials on the site;
c) you understand that accessing the site may expose you to materials of a sexually oriented and erotic nature, and that you will not be offended by such materials;
d) you will not authorize others to use your account or transfer your account to any other person or entity;
e) you have not previously been suspended or removed from the site;
f) you are legally entitled to enter into this agreement and abide by these terms and comply with all applicable legislation;
g) you are not a competitor of the company and that you are not accessing and/or using the site for reasons that are in competition with us or other than for its intended purpose;
h) you will not violate the rights of any other person, including their privacy rights or rights of publicity, by for example creating an account for someone other than yourself or uploading photographs of someone other than yourself, and
i) you will not use the site and/or any of its content for fraudulent or unlawful purposes.
5. REGISTRATION
Note that the username will be created only once and will allow you to access and use the Services at any time. Upon your first login, you will be prompted to provide additional information about yourself and your preferences, including text, interests and photos. This information will be visible to other users and you can adjust it at any time. You also have the option to verify your profile through SMS verification. In some cases, such as when we suspect that a user is a minor, we may request additional information and/or documents to verify the user's age and identity.
You are responsible for ensuring that any information you provide is accurate, current and correct. You should also update it as soon as reasonably possible. Registration may not be permitted in certain jurisdictions. For more information on registration and managing your account, please refer to our FAQs.
6. PERSONAL ACCOUNT DETAILS
You must keep your login information, including your username, password, and email address (collectively, "Account Information"), confidential. You must not share this information with anyone else. We do not recommend writing down this information, as it could be accessed by others. If you suspect that someone else knows your Account Information, you should notify us immediately through our support contact form. We reserve the right to reset your password at our discretion if we suspect or believe that your account has been accessed by someone other than yourself. The company will not be held responsible for any losses incurred by the user as a result of unauthorized access to their account, if such access was a result of the user's failure to comply with this section.
7. Content rules
7. CONTENT rules
You must comply with the content standards outlined in this section and any
additional guidelines issued by the company from time to time, including
guidelines for text and photos.
We monitor communication you make on our
website and remove or reject any content that, in our opinion, does not comply
with the content standards outlined in these terms and the relevant company
guidelines.
The content must be: a) be accurate (where it states facts); b) be
genuinely held (where it states opinions); and c) comply with the law applicable in
any country from which it is posted. The Content must not: a) be defamatory,
obscene, offensive, hateful, or inflammatory; b) contain or display any private
user information, including (but not limited to) real name, phone numbers, social
media links, and postal addresses; c) bully, stalk, insult, intimidate, or humiliate;
d) include child sexual abuse material or any other material involving or
referencing minors; e) promote violence, discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age, or any other illegal
activity; f) advertise, market, or otherwise promote any goods or services
unrelated to the website or services; g) infringe any copyright, database right,
trademark, or any other intellectual property right of any other person; h) be
threatening, abusive, or invade another;s privacy, or cause annoyance,
inconvenience, or needless anxiety; i) be likely to deceive any person, harass,
upset, embarrass, alarm, or annoy any other person; j) impersonate any person,
or misrepresent the identity of the user or his affiliation with any person; k)
advocate, promote, incite any party to commit, or assist any unlawful or criminal
act such as (by way of example only) copyright infringement or computer misuse,
and/or l) contain a statement which the user knows or believes, or has reasonable
grounds for believing, that users of the public to whom the statement is, or is to
be, published are likely to understand as a direct or indirect encouragement or
other inducement to the commission, preparation or instigation of acts of
terrorism.
Any Content of users does not represent our view or values.
8. LICENSE GRANTED TO THE SITE
When you make a Contribution that is protected by intellectual property rights, you grant us, our affiliates, licensees, and successors a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of such Contribution in a way that is always consistent with our privacy notice.
By making a Contribution, you warrant and undertake that:
a) you are the sole owner of the Contribution and have the full authority to grant us the license outlined in this section;
b) the Contribution does not violate any copyright or other intellectual property rights or any other rights of any third party, including any right of confidentiality or privacy, and its use will not place any person in contempt of court or in breach of any statute or contract;
c) you are not aware of any claim by any third party that the Contribution or its use by us infringes or will infringe any rights of any third party, and you will immediately inform us if you become aware of any such claim;
d) You have secured all necessary permissions and releases from third parties and have made or will make all necessary payments to third parties to enable us to exercise the rights granted to us under these terms. You acknowledge that we will not be liable for any such payments.
9. THE SERVICE OFFERED THROUGH THE SITE
We grant users the right to utilize the features and services offered on our website, including but not limited to browsing other user profiles, communicating with other users through messages, stickers, and photos, and accessing other materials to enhance their experience. Basic access to profiles is free, but certain services may require payment and have additional terms and conditions. The services can be accessed through desktop and mobile devices, but we reserve the right to discontinue offering them at any time. It is important to use the site in accordance with its intended purpose and these terms of use.
10. PROFILES AND INTERACTIONS WITH OTHER USERS
We make every effort to ensure that all Accounts on our site are created in accordance with these Terms, so that you can enjoy our Services in a safe and reliable environment. For example, we manually check profiles to make sure they comply with the Terms and may ask for additional verification documents if we suspect a profile may contain inaccurate information or has been created by a minor. We also conduct regular manual audits of profiles to ensure continued compliance with the Terms. We also strive to quickly and efficiently resolve any issues that users may encounter while using our Services.
To protect yourself, you should always take reasonable precautions in your interactions with other users. You should never provide personal or financial information, such as your location or credit card information, to other users. If you suspect that a user you are communicating with is violating the Terms, please contact us via our Support Contact Form. Additionally, you have the option to block any user from contacting you again by using the 'Block User' functionality.
We also operate system profiles, which are accounts created by the company and may be operated by contractors who impersonate the persons portrayed in such profiles or by a system designed to interact with users. Physical contact with individuals behind these system profiles is strictly prohibited, and we may use and analyze the interactions you have with these profiles to improve your experience on our site. For more information on how we use these interactions, please refer to our Privacy Notice.
It is important to note that The Company cannot and does not guarantee that other users are who they claim to be, or that their profiles are accurate, complete or truthful. We are not responsible for any damage or harm resulting from your interactions with other users and/or system profiles and encourage you to always use caution in selecting the information you share with others through our Site.
You acknowledge that by using the Site, you may be exposed to content that is offensive, indecent or otherwise objectionable, and that you use the Site and its Services at your own risk. We will not be liable to you in any way for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site.
We do not endorse any opinions, statements, comments or other content posted by users on the Site or through the Services. We do not assume any responsibility for or liability for any such content and you use such content at your own risk.
We are monitoring and will remove any content or other material submitted to or posted on the Site, including without limitation any user content or other material submitted to or posted on the Site, and to take any other action that we deem appropriate in our sole discretion, including without limitation to terminate your access to the Site or the Services, or to seek any legal remedy, in the event of any violation of these Terms or any other agreement or policy related to the Site or the Services.
You acknowledge that we will not be liable to you or any third party for any modification, suspension or discontinuation of the Site or the Services.
You acknowledge that we may remove any content or other material submitted to or posted on the Site, including without limitation any user content or other material submitted to or posted on the Site, at any time and for any reason, without notice to you.
You acknowledge that we may terminate your access to the Site or the Services at any time and for any reason, without notice to you.
You acknowledge that we may modify or discontinue the Site or the Services at any time and for any reason, without notice to you.
You acknowledge that we may change these Terms at any time and for any reason, without notice to you.
You are responsible for regularly reviewing these Terms and any additional terms, policies and guidelines incorporated by reference herein. Your continued use of the Site or the Services following any changes to these Terms will constitute your acceptance of such changes.
If you do not agree with these Terms or any additional terms, policies and guidelines incorporated by reference herein, you must immediately stop using the Site and the Services.
11. PROHIBITED USES
You are prohibited from using the Site for any illegal or unauthorized purposes. Any unauthorized use of the Site may result in legal action taken against you. You must comply with all laws and regulations applicable to your use of the Site. You are not allowed to use the Site in any way that causes harm or attempts to harm others, including minors. You are also prohibited from using the Site to bully, defame, abuse, harass, stalk, threaten, insult, intimidate or humiliate any person or to violate the rights of others, including their privacy rights or rights of publicity.
You are not allowed to use the Site to transmit any unsolicited or unauthorized advertising or promotional material, or any other form of similar solicitation (such as spam). You must also comply with any requirements, procedures, policies or regulations of any networks that you access through the Site. You are prohibited from creating a database by systematically downloading and storing Site content, reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Site for commercial purposes. You are also prohibited from modifying, adapting, translating, reverse engineering, decompiling or disassembling any portion of the Site. You are prohibited from using the Site for any commercial purposes, including making profit through the use of the Site or the Service. Additionally, you are not allowed to collect any personal information about other users or users of the Site without their consent. In addition to the above, the Site strictly prohibits any promotion, facilitation, or support of human trafficking, sex trafficking, or any form of abuse. Engaging in such activities will result in immediate termination of the user's account and potential legal action.
12. RESTRICTIONS
You must not:
a) Disclose information obtained on the Site without the express permission of the person who provided it to you.
b) Have more than one account at any time.
c) Copy content from other profiles.
d) Use any personal data of third parties received through the Site for any purpose other than using the Service in accordance with these Terms.
e) Post anything on the Site that relates to another person except yourself.
f) Create an account that misrepresents your personal identity or creates an account for someone other than yourself.
g) Remove any copyright, trademark, or other proprietary rights from any notices or other content on the Site.
h) Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining prior consent from the owner of such rights.
i) Collect usernames and/or email addresses of other users of the Site for any unlawful purpose.
j) Attempt to interfere with other users' enjoyment of the Site.
k) Mislead, deceive, or defraud other users.
l) Purport to give any legal or medical advice or other form of professional advice through the Service.
m) Access or use the Service from any place or jurisdiction where such use or access is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts, or customs of that jurisdiction.
n) Use any automated means, such as bots, scrapers, or crawlers, to access or collect information from the Site without our express written consent.
o) Use any data mining, data gathering, or data extraction methods on the Site.
p) Attempt to gain unauthorized access to any portion of the Site or any other user's account.
q) Engage in any activity that disrupts or interferes with the proper functioning of the Site or the enjoyment of the Site by other users.
r) Use the Site for any illegal or unauthorized purpose.
s) Create or use a false identity on the Site or impersonate another person or entity.
t) Use the Site in a way that could damage or impair the Site or the availability of the Site to other users.
u) Use the Site to transmit any viruses, malware, or other harmful or malicious code.
v) Use the Site in a way that could interfere with the rights or property of others or violate their privacy or intellectual property rights.
13. USER DISPUTES
We do not take responsibility for any conflicts or issues that may arise between you and any other user or system profile that you interact with while using our Site. By using our Site, you agree to relinquish all claims, demands, and damages in disputes with other users or system profiles and refrain from involving us in these disputes. We do not make any guarantees or warranties regarding the behavior of our users or system profiles and it is your responsibility to handle any disputes directly with the other party.
14. FEES
Creating an account on the Site is free of charge. However, to access the full features of our website, you must purchase a premium membership through the Site. For messaging other users, you must have coins in your account. Premium subscriptions will automatically include a certain amount of coins, which you can use during your billing period.
The available subscription plans include the following options:
1-Day Trial Plan:
- Price: 1.49€ for the 1-day period.
- This plan provides full access to the site's features, including viewing who liked you, chatting with popular users, and finding out who added you as a favorite.
- The subscription automatically renews to a 30-day plan unless canceled by the user.
3-Day Trial Plan:
- Price: 3.99€ for the 3-day period.
- Includes access to features such as viewing who liked you, chatting with popular users, and seeing who added you as a favorite.
- The subscription automatically renews to a 90-day plan unless canceled by the user.
1-Month Premium Subscription:
- Price: 49.90€ for 30 days (1.66€ per day).
- Offers full access to all premium features, including instant messaging and priority interactions with other users.
- The subscription automatically renews at the end of the 30-day period unless canceled by the user.
3-Month Premium Subscription:
- Price: 99.90€ for 90 days (1.11€ per day).
- Provides uninterrupted access to all site features for three months.
- The subscription automatically renews at the end of the 90-day period unless canceled by the user.
All Coin and premium membership packages, including their prices, will be displayed on the Site. The Company may also provide users with free or promotional coins at its discretion. These coins are virtual items, non-refundable, and can only be used for messaging and purchasing additional services offered on the Site. Free coins are not refundable and can be invalidated at any time.
The coins can only be used for messaging and/or purchasing any additional services that the Company may offer from time to time. With the exception of certain circumstances outlined in a later section, coins are not refundable, cannot be transferred between accounts, and will expire 90 days after a user's last visit to the Site.
The Company reserves the right to modify prices for coin packages, premium memberships, and additional services at any time without prior notice, and does not provide price protection or refunds in the event of a price decrease or promotional offering. Payment for our coin packages, premium memberships, and additional services will be processed through a third-party payment provider, and you agree to be bound by the terms and conditions of that provider.
We are not responsible for any errors made by the payment provider. We reserve the right to terminate your account or restrict your access to the Site if we determine that you have used fraudulent payment methods or if you owe any unpaid fees for our coin packages, premium membership, or additional services. By purchasing coin packages, memberships, or additional services, you agree to pay all applicable fees and taxes associated with your use of the Site, as well as any additional charges that may apply to your purchase.
All funds are quoted in the currency in which they are displayed, and any conversion fee incurred will be the responsibility of the user. The Company reserves the right to change its pricing policy or the method of charging for services at any time.
14.1 Recurring Payments and Automatic Renewal
If you purchase any of our subscription packages, you will become liable for automatic renewal billing. This means that the minimum duration of your contract will be for the initial period you select (e.g., 1 month), and this will automatically renew until you cancel your service. We operate an automatic renewal billing policy. This means that once your initial membership period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example, if you pay by card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before. You must provide current, complete, and accurate information for your billing account. You will promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, card number, or expiration date), and you will promptly notify us if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). If you fail to provide us with any of this information, we will hold you responsible for the fees accrued under your billing account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. We reserve the right to alter these subscription packages at any time. If we alter the price of a package that you are already paying for, we will provide notice of the change to you (in accordance with our process noted below at section 14.5), and you will have the option to cancel your membership if you do not agree with the new price being offered to you.
14.2 Payment Processing
You understand and agree that your initial subscription payment and all the recurring payments may be processed by us or by a third-party company that provides payment services to us under contract. In the event that we use such a third-party for the processing of your payments, this company will be clearly stated on the appropriate payment page when you are submitting your payment details.
14.3 Disputes About Billing and Refunds
In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for disputing the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you. All disputes must be raised within three (3) months of the disputed transaction occurring. We do not issue refunds unless there are extenuating circumstances that we feel warrant a refund. These may be things like the Website not working properly for some reason. In cases like these, we will issue refunds after investigating on a case-by-case basis. We will take into consideration things such as other complaints received or other customer comments. We do not guarantee satisfaction and we will not consider dissatisfaction with the Website or simply buyer's remorse as grounds for a refund. If an issued refund is for a recurring billing, we will only refund the most recent payment. A refund for a recurring billing will result in an immediate cancellation of the recurring service. A refund of fees for any nonrecurring service will also result in immediate termination of access to the service. To request a refund, you must contact our customer service department through our "Contact Us" page. On issuing a refund, the Website reserves the right to add you to the negative databases of our associated authorized billing agents, and to any third-party fraud prevention agents associated with our products. Please take in consideration, that continued use of the service.
14.4 Price Changes
We reserve the right to alter our packages at any time and any change in your subscription price will be notified to you by email to the address you have provided when you signed up to the Services, at least 7 days prior to the new subscription price being implemented. You will then have the option to cancel your membership if you do not agree to this price change.
15. PAYMENT OPTIONS
We offer various payment methods for your convenience, such as credit cards and debit cards. By providing your payment details, you confirm that you are authorized to use them. If a transaction results in an overdraft or other fee from your bank, you are responsible for paying that fee. Transactions made with credit or debit cards are processed through a 3D secure system, where available from the financial institution from which the payment is made. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the payment method you have designated for the transaction. We and our designated payment processor will collect and store your payment details and related transaction information. More information can be found in our Privacy Notice. Please note that some banks and credit or debit card issuers may charge a processing fee, which is controlled and charged by the bank or issuer and not by the Company. If a transaction results in a processing fee, you are responsible for paying that fee.
16. DELIVERY AND CONFIRMATION
Our Services are delivered digitally and a confirmation receipt for your purchase will be sent to your email upon successful completion. If you experience any issues with your purchase, please contact our support team and provide your order confirmation email for reference.
17. CANCELLATION, REFUND, UNSUBSCRIPTION AND RETURN POLICY
17.1 Cancellation and Refunds
The right of cancellation does not apply to any coins that have already been spent. If you wish to cancel your purchase and request a refund, you must do so within 14 days of the purchase date. To initiate a refund, you must contact us through the support contact information provided in these terms and provide a clear statement of your intention to cancel, along with details of the purchase. Please note that any remaining coin balance in your account will not be refunded upon account closure. If you continue to spend coins after requesting a refund, the amount of coins spent during that time will be deducted from the final refund amount. Refunds will be made using the same payment method as the original purchase. We operate a “first-in, first-out” refund policy, meaning that any coins earned for free will be spent before any purchased coins. The Company reserves the right to refuse a refund request if we suspect that the user is attempting to unfairly exploit this refund policy, is in breach of these terms, or is using any of the Services fraudulently. In some cases, exceptions to this refund policy may apply due to the nature of certain Services offered. If this is the case, you will be notified of the exception prior to your purchase and asked to agree to waiving your right to a refund. If your cancellation and refund request is successful, you will receive your payments as soon as reasonably possible, but no later than 14 days from the date of cancellation. If you encounter any difficulties with the cancellation, please contact us through the support contact form. Please take into consideration that continued use of the service after requesting a refund may affect your eligibility for the refund. Continued use of the service includes accessing your account, using any features of the website, or engaging in communication with other users after requesting a refund.
17.2 Unsubscription Process
You can cancel your subscription at any time by following these steps:
Log in to your account on our website.
Navigate to the "Account Settings" or "Subscription" section.
Click on the "Cancel Subscription" option and follow the prompts to confirm your cancellation.
Upon cancellation, you will retain access to the subscription services until the end of your current billing period. No further charges will be made to your payment method unless you reactivate your subscription.
Please note the following additional points regarding subscription cancellations:
Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date. Renewal charges will be the same as your original subscription rate unless otherwise notified in advance.
Notification of Renewal: We will send you an email notification at least 7 days before your subscription is due to renew, providing details of the renewal price and how to cancel if you do not wish to renew.
Effect of Cancellation: If you cancel your subscription, you will not be eligible for a pro-rated refund for any remaining portion of your current billing period. Your access to the subscription services will continue until the end of the current billing cycle.
Payment Method Update: It is your responsibility to ensure that your payment information is current and accurate. Failure to update your payment method may result in the interruption or termination of your subscription.
18. COMPANY NOTIFICATIONS TO USERS
We may contact you through various means such as SMS, push notifications, system messages or email for account verification, message notifications, and other purposes related to the Services and/or the Site. We may also contact you to inform you about offers, updates, and/or to provide you with other promotional material. However, you will always have the option to opt-out of such communications in the future.
Please note that while we do not charge a fee for SMS, your carrier may charge standard messaging, data, and other fees, for which you are responsible. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message as it is outside our control and the responsibility of the cellular telephone operator or other networks. Unless specified otherwise in these terms, any notice or communication will be deemed received on the next business day after it is sent.
Please note that this paragraph does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
19. THIRD-PARTY WEBSITES AND EXTERNAL LINKS
It should be noted that when you click on any external link, you may be directed to a website that is not operated by us. We strongly advise you to review the privacy policy and terms of use of any third-party website that you visit. We have no control over and do not endorse the content, privacy policies, or practices of any third-party websites or services. Your access and use of any external links is entirely at your own risk. If violating content is to be found in external links, those links will be removed from the website. If violations found such links will be immediately removed from website
20. SITE UPDATES AND AVAILABILITY
We may update and change our Site from time to time to reflect changes to user needs and our business priorities. We will make reasonable efforts to provide notice of any material changes, as determined by us at our discretion. We will use reasonable efforts to ensure that the Site is available at all times, but we do not guarantee that the Site, its content, or any individual feature or function will always be available, error-free, or uninterrupted. The Site may be unavailable for periods due to business and operational reasons, upgrades, or essential maintenance. We will make reasonable efforts to provide notice of any suspensions or withdrawals, where possible. In the event that the Site does not function properly or at all, the Company shall not be held liable for any loss or damage suffered by users caused by its malfunction or failure to function.
21. SITE SECURITY
We take all necessary measures to ensure that the Site is secure, however, we cannot guarantee that it will be free from viruses or other malicious software at all times. It is your responsibility to ensure that your device and computer programs are configured to access our Site and that you have appropriate virus protection software installed. Misuse of our Site, including the introduction of viruses, trojan horses, worms, logic bombs or other malicious software that can affect the operation of the Site or computer software and hardware is strictly prohibited. Attempting to gain unauthorized access to our Site, servers or any network connected to our Site is also prohibited. Any form of distributed denial-of-service attack on the Site is prohibited. Violation of these security provisions will result in the immediate termination of your access to the Site and may be reported to the relevant law enforcement authorities. We reserve the right to block access to the Site from certain IP addresses at any time to protect the integrity of the Site. By using the Site and Services, you acknowledge and accept that you are using them at your own risk.
22. MONITORING OF THE SITE AND COMPLIANCE WITH THESE TERMS
We monitor the content, site and all user activity, including profiles, chat messages, and other content to ensure compliance with these Terms. We may delete or edit any material that we deem to be unacceptable or in violation of these terms. If we suspect that a user is not eligible to use the Site and its services, we reserve the right to request additional information, such as official identification documents, to verify the user's identity. In order to monitor the Site, we may store user communications.
23. OUR RESPONSIBILITY AND LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU/LIMITATION OF LIABILITY
We will not be liable to you for any loss or damage, whether direct, indirect, or consequential, arising from your use of the Site or the Services. This includes, but is not limited to, loss of income or revenue, emotional distress, bodily harm, trade secret misappropriation, intellectual property infringement, loss of data or programs, loss of goodwill, and loss of anticipated savings. We also will not be liable for any interruptions to your internet access or other technical issues you may experience while using the Site or the Services.
In the event that we are held liable to you for any reason, our liability will not exceed the amount paid by you for the Services. You will be responsible for any liability arising from your provision of information, email, or other forms of personal messages to other users on the Site.
This limitation of liability applies to our employees, legal representatives, agents, and subcontractors. It also applies to any liability arising under consumer law.
24. OTHER TERMS THAT MAY APPLY TO YOU
The terms of the Site’s Privacy notice also apply to your use of the Site and form part of these Terms.
25. BREACH OF THESE TERMS
If we determine that a violation of these Terms has occurred, we reserve the right to take appropriate corrective action. Violations of these Terms constitute a material breach and may result in one or more of the following actions:
a) revocation of your access to our Site and Services;
b) removal of any content you have uploaded to our Site;
c) issuing a warning to you;
d) seeking reimbursement for all costs, including reasonable administrative and legal fees, resulting from the violation;
e) initiating legal action against you;
f) disclosing necessary information to law enforcement authorities;
g) seeking damages for any losses incurred as a result of the violation.
These actions are not exhaustive and we reserve the right to take any other action we deem appropriate.
If you suspect or become aware of a violation of your account or profile information, you should immediately:
a) notify us through our Support Contact Form;
b) change your password as soon as possible.
26. INDEMNITY
Without prejudice to any other indemnity provisions set out in these Terms, to the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Company, its affiliated companies and their respective officers, directors, partners, employees, agents, and contractors against any claims, causes of action, damages, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:
a) your use of the Site or the Service;
b) your breach of these Terms and/or any warranties and/or undertakings under these Terms;
c) any Contribution posted by you or anyone using your Account;
d) your violation of any rights of a third party, including a third party’s intellectual property rights; and
e) your violation of any applicable laws, rules or regulations.
27. RESTRICTED AREAS
We reserve the right to restrict your access to the Site or to any part of it (the “Restricted Site Areas”), without notice or liability. This includes the availability of different features and aspects of the Site and/or the content of it. Access to Restricted Areas may be subject to certain conditions. If we grant you permission to access any of the Restricted Areas, we may withdraw that permission at any time (including where you breach any of these Terms).
28. REPRESENTATIONS AND WARRANTIES
We provide the Site on an ‘as is’ basis. We make no representations as to the quality, completeness or accuracy of any content made available on the Site and we are therefore not liable for false or misleading statements by users. Without limiting the foregoing, neither we, nor any of our affiliated companies, contractors, employees, licensors or representatives warrant:
a) that the Site or the Service will meet your requirements or will be accurate;
b) that the Site or the Service will always be available or will be uninterrupted, accessible, timely or secure;
c) that any defects on the Site or Service will be corrected;
d) that the Site will be free from any viruses;
e) the accuracy, reliability, timeliness or completeness of any material posted or accessible on or through the Site or Service, specifically including material in user profiles.
29. TERMINATION OF ACCESS TO THE SITE
You may request to cancel your Account at any time by following the designated deletion steps in your Account or by contacting us with a request to delete your Account. You can find further details on how to delete your Account in our FAQs. Your Account will be deactivated immediately upon our receipt of the relevant cancellation actions and request. We reserve the right to terminate or suspend your access to the Site at any time, without prior notice or liability, for any reason whatsoever. This includes, but is not limited to, instances where:
You violate any of the terms outlined in these Terms of Service
You provide false, inaccurate, incomplete, or incorrect information to the Company
Your actions may cause or have caused damage or loss to other users or to the Company, its affiliated companies, agents, or subcontractors
We reasonably believe, suspect, or become aware that you are a minor.
In the event of termination or suspension of your access to the Site by the Company, we and our affiliates shall not be liable for any termination of your access to the Site and/or your account. Any coin balance remaining in your account will be forfeited and all provisions of these Terms that should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
30. CONTACTING US
We are committed to improving our Services and Site to provide you with the best experience possible. Your feedback on your experiences using the Site is important to us and helps us to make improvements to the overall interaction of our users with the Site. If you have any comments, suggestions or concerns about the Site, including content uploaded by other users, please feel free to contact our customer support team at any time through our Support Contact Form or by emailing us. When communicating with our customer support team, it is important to be respectful and avoid using abusive, offensive, sexist, or threatening language. Any behavior that does not comply with this will not be tolerated and we reserve the right to terminate your account immediately.
31. PROPRIETARY RIGHTS
The Services and all content, including text, images, marks, logos, and other materials, provided by the Company through the Services, including but not limited to the Site's logo and designs, text, graphics, pictures, information, data, sound files, and other files, are the property of the Company and/or its licensors, and are protected by copyright and other intellectual property laws. All rights to this content are reserved by the Company. You may not use any trademark, copyright, or other proprietary right of the Company or any third party without the prior written permission of the Company or the respective owner.
The Site, its logo, and all other product or service names or slogans displayed on or through the Services, may not be copied, downloaded, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable copyright or trademark holder. The look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of the Company and may not be copied, downloaded, imitated, or used, in whole or in part, without the prior written permission of the Company. All other trademarks, registered trademarks, product names, and company names or logos displayed on or through the Services are the property of their respective owners.
In exchange for your agreement to comply with these Terms, we grant you a limited, revocable, personal, non-transferable, worldwide, non-exclusive, and non-sublicensable license to view and use the Site, Content, and/or Services for personal use only. This license will remain in effect until the termination of your Account in accordance with these Terms. All rights not specifically granted to you are reserved by the Company. You agree to be personally responsible for your use of the Services and to ensure that your use of the Services, the Site, and/or the Content does not infringe or violate the rights of the Company or any other party, or breach any contract or legal duty to any other parties, or violate any applicable law.
32. PROTECTION OF INTELLECTUAL PROPERTY
It is prohibited to post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information on the Site without obtaining prior written consent from the owner of such rights. We take the protection of intellectual property rights very seriously and expect our users to do the same. Any infringing activity will not be tolerated on the Site.
Our policy regarding intellectual property rights is as follows:
a) We will remove or disable access to any material that, upon receiving notice from an intellectual property owner or agent, we believe in good faith to be infringing on a third party's intellectual property rights.
b) We will remove any Contributions made by an infringer.
We reserve the right to terminate the account of any user who receives a single notification of claimed infringement or at our sole discretion.
If you believe any Contributions on the Site have been used or exploited in a manner that infringes on an intellectual property right you own or control, please contact us through the information provided in paragraph 30. Your communication must include the following:
a) A physical or electronic signature of someone authorized to act on behalf of the owner of the allegedly infringed material
b) Identification of the material allegedly being infringed
c) Identification of the specific material that is claimed to be infringing and information sufficient to locate it on the Site
d) Information sufficient for us to contact you, such as your name, address, telephone number, and email address
e) A statement that you have a good faith belief that the material's use is not authorized by the intellectual property owner, its agent, or the law
f) A statement that the information you have provided is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
33. ASSIGNMENT
The Company reserves the right to transfer or assign any of its rights and obligations under these Terms to a third party without your consent. As a user of the Site, you are not permitted to transfer or assign any of your rights, claims, or obligations under these Terms to any other party.
34. NO WAIVER
The failure of the Company to enforce any provision of these Terms shall not be deemed a waiver of any right or remedy it may have with respect to such provision or any other provision of these Terms. The waiver of any breach of these Terms shall not be deemed a waiver of any subsequent breach. Any waiver must be in writing and signed by the party granting the waiver.
35. FORCE MAJEURE
We will not be held liable for any delay or failure in our performance of our obligations under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to: natural disasters, war, civil unrest, acts of terrorism, pandemics, strikes, supply shortages, and failures in telecommunications or information services infrastructure. Such events will excuse our performance for as long as the event persists.
36. SEPARATE PROVISIONS
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall still apply and remain in full force and effect. Any provision that needs to be altered in order to comply with the law will be modified to the minimum extent necessary without affecting the overall intent of these Terms. If a provision cannot be modified, it will be removed from the Terms without affecting the legality and enforceability of the remaining provisions.
37. ENTIRE AGREEMENT
These Terms, together with any additional terms to which you have agreed, constitute the entire agreement between you and the Company regarding the use of the Site and supersede all prior agreements, understandings, and representations, whether written or oral, regarding the same subject matter.
38. MODIFICATIONS TO TERMS
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Your continued use of the Site and/or the Services following the posting of changes to these Terms means that you accept and agree to the changes. It is your responsibility to periodically review the most current version of these Terms.
39. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Bulgaria. The Parties, having read and understood the Agreement and by using the service, they confirm that the Agreement is accepted on their side.
40. ENTIRE AGREEMENT
These Terms, including our Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Site and the Services.
41. SEVERABILITY
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
42. COMPLAINT POLICY
All complaints are handled fairly, consistently, and wherever possible resolved to the complainant's satisfaction. You can file a complaint by contacting us via our contact form or at info@mail.hornydaters.com
42.1 Illegal or Non-Consensual Content
If illegal or non-consensual content is found, it must be removed within 24 hours. If an investigation is pending, the content will be made unavailable until the investigation is complete. Confirmed illegal or non-consensual content will be permanently removed within one day.
42.2 General Complaints
General complaints will be addressed and resolved within seven days from the date of receipt.
42.3 COMPLAINTS – CALIFORNIA RESIDENTS
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
CONTENT REPORTING
Should you come across any content on our website that you believe is illegal or non-consensual, we urge you to promptly notify our Customer Support Department by sending a report to the email: info@mail.hornydaters.com. We are committed to addressing and resolving complaints concerning illegal or non-consensual content within a maximum of 1 business day. Upon receipt of your complaint, an assigned Customer Support Manager will acknowledge it, conduct an investigation, and ensure the removal of any illegal or non-consensual content within the specified timeframe. To maintain records and for reporting purposes, all complaints will be logged.
APPEAL PROCEDURE
If you are featured on any content on our website without your consent, you have the right to request the removal of such material. To initiate this process, please send an email to the address: info@mail.hornydaters.com. Include all the essential details required to identify the specific content in question, such as the URL where it can be found. After receiving your appeal, our dedicated department will carefully assess whether the necessary consent was obtained for the content in question. Should it become evident that the content was uploaded without the consent of the individual depicted, we will promptly and permanently remove the material from the website. Your satisfaction and privacy are of utmost importance to us.
GENERAL COMPLAINTS
If you find yourself unhappy with our services or have any questions related to your account or activities with us, don't hesitate to reach out to our Customer Support Department through email: info@mail.hornydaters.com. Our dedicated Customer Support team will assess whether they can promptly address your inquiry. Should your inquiry require more time or attention, please rest assured that we are fully committed to handling and resolving it promptly. Please be aware that these general complaints may require up to 7 business days for resolution.
43. CLASS ACTION WAIVER
Class Action Waiver: "IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM."
44. CONSUMER RIGHTS INFORMATION – CALIFORNIA RESIDENTS ONLY
Consumer Rights Information – California Residents Only:
This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following: 83-85 James Bourchier, Sofia, 1407, Bulgaria, support@mail.hornydaters.com. Users who wish to gain access to the members-only section of the Website must be a member in good standing. We post the current membership fees for the Website before the registration page for the Website. We reserve the right to change the membership fees. You may contact us using our 'Contact Us' page to resolve any billing disputes or to receive further information about the Website.
45. Restriction of Access for US Users
Access to this website and its services is strictly prohibited for users residing in or accessing the site from the United States of America. Any accounts identified as created or used by individuals in the United States will be subject to immediate termination without notice